The URL can be used to link to this page

2017/04/25 City Council Agenda Packet City of Rohnert Park  130 Avram Avenue  Rohnert Park, California 94928 PHONE: (707) 588-2227 FAX: (707) 794-9248  WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, April 25, 2017 Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council/RPFA agendas and minutes may be viewed at the City’s website: www.rpcity.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” City of Rohnert Park Joint Regular Meeting Agenda April 25, 2017 for City Council/RPFA/CDC Successor Agency Page 2 of 5 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor’s Certificate of Recognition: Recognizing Debbie Bailey for Her Volunteer Work and Outstanding Service to Girl Scouts 4. DEPARTMENT HEAD BRIEFING 5. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 6. CLOSED SESSION A. Recess to Closed Session in Conference Room 2A to Consider: 1. Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative(s): Darrin Jenkins, City Manager Employee Organizations: a. Service Employees' International Union (SEIU) b. Rohnert Park Employees' Association (RPEA) c. Rohnert Park Public Safety Managers' Association (RPPSMA) d. Management Unit e. Confidential Unit f. Unrepresented Employees B. Reconvene Joint Regular Meeting Open Session in Council Chamber C. Report On Closed Session (Government Code § 54957.1) 7. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, April 11, 2017 B. Acceptance of Reports for: 1. Report of Vice Mayor Stafford’s Appointment of Angela Beran to the Sister Cities Relations Committee – Term Expiring December 31, 2018 2. Annual Review of the Growth Management Program 3. Receive the Annual Report on the Status of the General Plan Calendar Year 2016 City of Rohnert Park Joint Regular Meeting Agenda April 25, 2017 for City Council/RPFA/CDC Successor Agency Page 3 of 5 4. Receive the Annual Parks and Recreation Facilities Master Plan Report, and Cultural Arts Report 5. City Councilmembers Quarterly Expense Report (January, February, March) 6. City Bills/Demands for Payment dated April 25, 2017 7. City- Cash Report for Month Ending February 2017 C. City Council Resolutions for Adoption: 1. 2017-43 Approving the City of Rohnert Park Current Pay Rates & Ranges Revised March 29, 2017 2. 2017-44 Authorizing the City Manager to Execute a Site Lease Agreement with the Girls Scouts of Northern California for the Scout Hut Located at 295 Santa Alicia Drive Effective May 1, 2017 and Supersede Resolution 2011-35 3. 2017-45 Authorizing Increases to the Budget, Change Order Authority, and Appropriations and Related Actions for the Eastside Trunk Sewer Phase 3, Snyder Lane Widening And Community Center Parking Lot Project (City Project 2014-01) 4. 2017-46 Approving the Tentative Agreement on a Four Year Proposal with the Rohnert Park Employees’ Association (RPEA) 5. 2017-47 Approving and Adopting a Memorandum of Agreement with the Rohnert Park Employees’ Association (RPEA) for the Period of April 30, 2017 through June 30, 2021 6. 2017-48 Approving and Adopting an Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Unrepresented Confidential Unit for the Period of April 30, 2017 through June 30, 2021 D. Authorize the Mayor to Sign a Letter of Support for National Economic Development Week Council Motion/Vote 8. Approval of the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency and Related Actions A. Staff Report B. Public Comments C. Resolution for Adoption: 1. 2017-49 Approving the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency and Related Actions a. Council motion/discussion/vote D. Appointment of Director and Alternate Director to Santa Rosa Plain Groundwater Sustainability Agency Board of Directors a. Council discussion/action City of Rohnert Park Joint Regular Meeting Agenda April 25, 2017 for City Council/RPFA/CDC Successor Agency Page 4 of 5 9. Approving and Adopting an Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Unrepresented Management Unit for the Period of April 30, 2017 through June 30, 2021 A. Staff Report B. Public Comments C. Resolution for Adoption: 1. 2017-50 Approving and Adopting an Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Unrepresented Management Unit for the Period of April 30, 2017 through June 30, 2021 a. Council motion/discussion/vote 10. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (4/18) 2. Sonoma County Waste Management Agency (SCWMA) (4/19) 3. Library Advisory Board (4/18) 4. Mayors & Councilmembers Association of Sonoma County (4/13) C. Other Reports 11. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 12. MATTERS FROM/FOR COUNCIL Prior to agenda publication, any Councilmember may place an item on this portion of the agenda. Upon the concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 13. PUBLIC COMMENTS Persons wishing to address the Council on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 14. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda April 25, 2017 for City Council/RPFA/CDC Successor Agency Page 5 of 5 NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk’s Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, Caitlin Saldanha, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the April 25, 2017, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on April 20, 2017, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org, Executed this 20th day of April, 2017, at Rohnert Park, California. ___________________________________________ Caitlin Saldanha, Deputy City Clerk Honoring D EBBIE B AILEY for H er Volunteer Work and Outstanding Service to Girl Scouts As Mayor, an d on behalf of the City Council of the City of Rohnert Park , I do hereby recognize and honor Debbie Bailey for over 57 years of dedicated volunteer efforts to the Girl Scouts . Among her efforts, Debbie assisted with forming the first Girl Scout troop in Rohnert Park at John Reed Elementary School. Through her leadership , determination , and commitment, women like Debbie are changing our community and making our world a better place. We deeply appreciate your committed efforts and thank you for your valued service to the Girl Scouts and the youth community as a whole . Signed this 25th day of April, 2017 By: _________________________________________ Jake Mackenzie , Mayor Item No. 7A1 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, April 11, 2017 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Mackenzie called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on April 6, 2017. Present: Jake Mackenzie, Mayor Pam Stafford, Vice Mayor Gina Belforte, Councilmember Joseph T. Callinan, Councilmember Absent: Amy O. Ahanotu, Councilmember Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Marchetta-Kenyon, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Human Resources Director Perrault, Public Safety Commander Bates, Civil Engineer Marin Garrett, Community Services Manager Bagley, Senior Analyst Tacata, Project Coordinator Zwillinger and Deputy City Clerk Saldanha. 2. PLEDGE OF ALLEGIANCE Led by Councilmember Callinan. 3. PRESENTATIONS A. Mayor’s Proclamation: Recognizing April 2017 as Sexual Assault Awareness Month Mayor Mackenzie presented the proclamation to Kristen Bricker-Miller, Verity Prevention Education Manager. 4. SSU STUDENT REPORT Erin Jasper, Legislative Representative, Sonoma State University Associated Students, Inc. (SSU ASI) reported on various campus events including: Sexual Assault Awareness Month, Relay for Life and Investiture for Sonoma State University’s Seventh President, Judy K. Sakai. City of Rohnert Park Joint Regular Meeting Minutes April 11, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 7 5. DEPARTMENT HEAD BRIEFING City Manager Jenkins presented the results from the 2017 Rohnert Park Community Survey and noted that the majority of respondents feel the City is going in the right direction. 6. PUBLIC COMMENTS Pam Novelly expressed her concerns regarding increased rent prices at Citadel Apartments and spoke on the issue of affordable housing. 7. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, March 28, 2017 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated April 11, 2017 C. City Council Resolutions for Adoption: 1. 2017-038 Approving the Plans and Specifications for Water Tank #8 (Project Number 2006-09), Awarding the Construction Contract to Argonaut Constructors, and Other Related Actions 2. 2017-039 Authorizing the Finance Director to Increase Budget Appropriations from Infrastructure Reserve by $100,000 for a Total of $120,000 to Purchase New Play Ground Equipment for Dorotea Park from Ross Recreation in the Amount of $114,968 and Authorizing City Manager to Execute Purchase Documents PULLED BY BELFORTE D. Ordinance for Adoption: 1. No. 906 An Ordinance of the City of Rohnert Park, California, Amending Title 17 of the Rohnert Park Municipal Code to Bring in to Conformance with State Law Regarding Accessory Dwelling Units E. Authorize the Mayor to Sign a Letter of Opposition to Senate Bill 618 Regarding Community Choice Aggregation (CCA) Programs ACTION: Moved/seconded (Callinan/Stafford) to approve the Consent Calendar. Motion carried by the following 4-0-1 Roll Call vote: AYES: Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Ahanotu. C. City Council Resolutions for Adoption: 2. 2017-039 Authorizing the Finance Director to Increase Budget Appropriations from Infrastructure Reserve by $100,000 for a Total of $120,000 to Purchase New Play Ground Equipment for Dorotea Park from Ross Recreation in the Amount of $114,968 and Authorizing City Manager to Execute Purchase Documents Recommended Action(s): Adopt a Resolution to Authorize the Finance Director to Increase Budget Appropriations from Infrastructure Reserve by of $100,000 for a total of $120,000 City of Rohnert Park Joint Regular Meeting Minutes April 11, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 7 for Purchase of New Play Ground Equipment for Dorotea Park from Ross Recreation in the Amount of $114,968; Authorize City Manager to Execute Purchase Documents. Councilmember Belforte presented several slides of park examples from across the country. Director of Public Works and Community Services McArthur answered questions from Councilmembers and discussed state playground regulations. ACTION: Moved/seconded (Callinan/Belforte) to adopt Resolution 2017-039 Authorizing the Finance Director to Increase Budget Appropriations from Infrastructure Reserve by $100,000 for a Total of $120,000 to Purchase New Play Ground Equipment for Dorotea Park from Ross Recreation in the Amount of $114,968 and Authorizing City Manager to Execute Purchase Documents. Motion carried unanimously by the following 4-0-1 vote: AYES: Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Ahanotu. 8. Approving the Railroad Quiet Zone and Accessibility Project and Related Actions Civil Engineer Marin Garrett presented the item. Recommended Action(s): Adopt a resolution approving the Railroad Road Quiet Zone and Accessibility Project and Related Actions in order to accomplish both quiet zone improvement and improvements to the Laguna Bicycle and Pedestrian Bridge. This recommended action secures the funding sources and provides budget for the project and authorizes the City Manager to execute the agreements necessary for long-term operation of a railroad quiet zone in the City. Public Comments: None. ACTION: Moved/seconded (Stafford/Mackenzie) to approve Resolution 2017- 040 Approving the Railroad Quiet Zone and Accessibility Project and Related Actions. Motion on the floor was amended to add direction to staff to explore the possibility of a waiver at the Golf Course Drive railroad crossing. Motion FAILED by the following 2-2-1 roll call vote: AYES: Stafford and Mackenzie, NOS: Belforte and Callinan, ABSTAINS: None, ABSENT: Ahanotu. Resolution 2017-040 not adopted. ACTION: Moved/seconded (Callinan/ Mackenzie) to bring this item back at a future meeting in front of all five (5) Councilmembers, direct staff to work with Sonoma County on the possibility of a waiver at the Golf Course Drive railroad crossing, and direct the City Attorney to continue to work with SMART to negotiate terms related to liability in the Maintenance Agreement. City of Rohnert Park Joint Regular Meeting Minutes April 11, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 7 Motion carried by the following 4-0-1 vote: AYES: Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Ahanotu. ACTION: Moved/seconded (Mackenzie/Stafford) to authorize staff to proceed with the design of supplemental safety measures for Southwest Blvd and Rohnert Park Expressway. Motion carried by the following 4-0-1 vote: AYES: Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Ahanotu. ACTION: By Consensus (none opposed, Ahanotu ABSENT), City Council re-ordered the agenda to hear Item12 and Item 9 simultaneously. Public Works and Community Services Director McArthur and Project Coordinator Zwillinger presented Item 12 and Development Services Director Pawson presented Item 9 as related items. 12. Discussion and Direction on Sunrise Park All-Weather Field Configuration and Project Timeline Public Works and Community Services Director McArthur and Project Coordinator Zwillinger presented the item. Recommended Action(s): Select the Alternative Field Configuration (Alternative Plan). Mayor Mackenzie stepped away from dais 6:58 p.m. and Vice Mayor Stafford assumed the gavel. Mayor Mackenzie returned at 7:03 p.m. and reassumed the gavel. 9. Authorizing the City Manager to Execute Assignment Assumption and Transfer Agreements Related to the Sonoma Mountain Village Development Agreement Development Services Director Pawson presented the item. Recommended Action(s): Approve a resolution authorizing the City Manager to execute assignment, assumption and transfer agreements relates to the Sonoma Mountain Village Development Agreement (recommended action). Item 12 Public Comments: Brad Baker, Sonoma Mountain Village LLC Manager, commented on field configuration costs. Item 12 ACTION: By Consensus (none opposed; Ahanotu ABSENT), City Council proposed their own alternative design and directed staff to look into proposals to add synthetic turf to the entire field configuration in order to create an all-weather field to be covered by developer funds. Council directed staff bring back cost estimates at a future meeting for consideration, if City funding is required. City of Rohnert Park Joint Regular Meeting Minutes April 11, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 7 Item 9 Public Comments: Brad Baker, Sonoma Mountain Village LLC Manager, commented on deposit costs. During Council deliberations it was suggested to increase the deposit amount to $2.55 million dollars and add language to the Partial Assignment that Sonoma Mountain Village, LLC’s soccer field obligations include costs to construct additional improvements to any adjoining fields impacted by the soccer field’s relocation and/or configuration. Representative for developer, Brad Baker, agreed to such amendments. For the record, Mayor Mackenzie noted that he supports Councilmember Belforte’s proposed amount of $2.55 million for the deposit. Item 9 ACTION: Moved/seconded (Mackenzie/Stafford) to adopt Resolution 2017- 041 Approving and Authorizing a Consent of Assignment of Development Agreement with Respect to a 175-Acre Site in the Southeast Portion of the City to Sonoma Mountain Village, LLC and a Partial Assignment and Assumption and Guaranty of Development Agreement and Consent to Transfer Real Property from Sonoma Mountain Village, LLC to Sonoma Village Commercial, LLC as amended to reflect increase of deposit to $2.55 million and additional language to be provided by the City Attorney. Motion carried by the following 4-0-1 roll call vote: AYES: Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Ahanotu. Resolution 2017-041 was adopted with the approved amendments to Exhibit A of the resolution. Recessed 7:54 p.m. Reconvened 8:03 p.m. 10. Discussion and Direction on Use of Senior Center Annex Space Assistant City Manager Schwartz presented the item. Recommended Action(s): Provide direction on leasing the Senior Center Annex Space to Petaluma People Services Center (PPSC) and Child Parent Institute (CPI). Staff also suggests continuing discussions with the Rohnert Park Historical Society if and when it becomes capable of fully using the space. Public Comments: None. ACTION: By Consensus (none opposed; Ahanotu ABSENT), City Council directed staff to move forward with the recommended actions. 11. Consideration of Future Funding Sources of Major Building Repairs and Authorization to Increase Budget Appropriations from the Performing Arts Center Facility Fee Fund for Major Maintenance and Repair Projects Public Works and Community Services Director McArthur presented the item. Recommended Action(s): Adopt a Resolution to Authorize the Finance Director to Increase Budget Appropriations from the Performing Arts Center Facility Fee for Major Maintenance and Repair Projects. City of Rohnert Park Joint Regular Meeting Minutes April 11, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 7 Public Comments: None. ACTION: Moved/seconded (Stafford/Callinan) to adopt Resolution 2017-042 Authorizing the Finance Director to Increase Budget Appropriations from Performing Arts Center Facility Fee Fund for Major Maintenance and Repair Projects. Motion carried by the following 4-0-1 vote: AYES: Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Ahanotu. 13. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports 1. Economic Development Committee (3/29) Councilmember Belforte reported on upcoming proposals to attract big box retailers. B. Liaison Reports 1. Golf Course Oversight Committee (4/4) Councilmember Callinan reported on the adoption of bylaws following Rosenberg’s Rules of Order. Councilmember Callinan also discussed concerns regarding natural habitat issues and restrooms closures on the golf course. 2. Sonoma Clean Power (4/6) None. 3. Sonoma County Transportation Authority (SCTA) (4/10) None. 4. Water Advisory Committee (WAC) (4/3) Mayor Mackenzie reported that he attended as the alternate and recommendations were made to approve the proposed budget. C. Other Reports None. 14. COMMUNICATIONS Councilmember Callinan reported that the Rohnert Park Public Safety Officer’s Association (RPPSOA) Easter Egg Hunt will be held at Foxtail Golf Course on April 15, 2017. Councilmember Belforte announced that a ribbon cutting ceremony for the Kitten Room will be held at 1:00 p.m. at the Animal Shelter on April 15, 2017. Vice Mayor Stafford reported on April Pools Day which provided free swim lessons to children. City of Rohnert Park Joint Regular Meeting Minutes April 11, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 7 of 7 Mayor Mackenzie announced that the Investiture of Seventh President of Sonoma State University. Judy K. Sakaki, will be held on April 20, 2017. 15. MATTERS FROM/FOR COUNCIL None. 16. PUBLIC COMMENTS None. 17. CLOSED SESSION A. Mayor Mackenzie made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 8:28 p.m. in Conference Room 2A to Consider: 1. Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative(s): Darrin Jenkins, City Manager Employee Organizations: a. Service Employees' International Union (SEIU) b. Rohnert Park Employees' Association (RPEA) c. Rohnert Park Public Safety Managers' Association (RPPSMA) d. Management Unit e. Confidential Unit f. Unrepresented Employees 2. Conference with Real Property Negotiators (Government Code §54956.8) Property: 6400 State Farm Drive (APN: 143-051-072) City Negotiator: Darrin Jenkins, City Manager Negotiating Parties: Katherine J. Kelleher, CBRE Under Negotiation: Price and Terms B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 9:22 p.m. C. Report on Closed Session (Government Code § 54957.1) Mayor Mackenzie reported: no reportable action. 18. ADJOURNMENT Mayor Mackenzie adjourned the joint regular meeting at 9:22 p.m. _____________________________________ __________________________________ Caitlin Saldanha, Deputy City Clerk Jake Mackenzie, Mayor City of Rohnert Park City of Rohnert Park Item No. 7B1 Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: April 25, 2017 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: Caitlin Saldanha, Deputy City Clerk and JoAnne Buergler, City Clerk Agenda Title: Acceptance of Reports – Vice Mayor Stafford’s Appointment of Angela Beran to the Sister Cities Relations Committee - Term Expiring December 31, 2018 RECOMMENDED ACTION: Accept report of Vice Mayor Stafford’s appointment of Angela Beran to the Sister Cities Relations Committee for a term expiring December 31, 2018. BACKGROUND: In compliance with the Maddy Act (Gov’t Code § 54970, et seq.) a 2016 Local Appointments List containing required advisory body appointive information was posted and distributed in December 2015. On October 5, 2016, the Committee, Commission, and Board members were advised of their expiring term. In order to attract potential applicants, the City Clerk’s office issued a press release on October 14, 2016. ANALYSIS: Per the City Council Protocols (Protocols) for City Commissions, Committees, and Boards with five (5) members, each Councilmember shall be entitled to appoint one member. Vice Mayor Stafford has appointed Angela Beran. Continued- see next page Item No. 7B1 STRATEGIC PLAN ALIGNMENT: Making appointments to City Committees, Commissions, and Boards supports the City’s values of communication and collaboration and Goal D – Continue to Develop a Vibrant Community. FISCAL IMPACT/FUNDING SOURCE: None. Department Head Approval Date: NA City Manager Approval Date: 4/4/2017 Finance Director Approval Date: NA City Attorney Approval Date: NA Attachments (list in packet assembly order): 1. Completed Fact Sheet Form 2. City Council Protocols Section XI, City Commissions, Committees, and Boards SISTER CITIES RELATIONS COMMITTEE (Five Two-year Terms - Staggered) Necessary qualifications: Current Rohnert Park residents are eligible. Preference is given to citizens indicating an interest in an opportunity for citizens of all ages to discover that people of all ages are basically alike and have common interests whatever their language, culture, or color of their skin and that the desire for peace is universal and the interest in learning from one another is widespread. Meets on the 2nd Thursday @ 7:00 p.m. – Rohnert Park Community Center PURPOSE: Enhance global understanding, communication & cultural exchange between citizens of various countries. (Established 4/9/84 by Resolution No. 84-66, Amended 5/14/84 by Resolution No. 84- 91, 2/25/85 by Resolution No. 85-30, by MO 3/22/88, and 2/9/16 by Resolution No. 2016-13; subject to Policy Resolutions 99-111; 2000-117; 2000-232; 2005-43; 2015-047) APPOINTEE FIRST APPOINTED ACTION APPOINTED BY Angela Beran Appointed 4/2017 – Term expires 12/2018 Pam Stafford Vacancy – Term expires 12/2018 Olga Senyk 1/2007 None – Term expires 12/2018 Jake Mackenzie Tadao Kunishi 10/2002 None – term expires 12/2017 At Large Sachiko Knappman 11/2013 None – term expires 12/2017 At Large City Council Protocols Page 23 of 27 Amended 12/13/2016 by Reso. No. 2016-115 F. Committee Materials Meeting agendas will be compiled by staff with input from each committee member. Committee materials will be provided to each committee member. These materials will be distributed to each committee member at the same time. Special arrangements may be made with committee members who are out of town when materials are distributed. G. Committee Recommendations Generally, committee members should reach agreement on findings and recommendations to present to the City Council. When the opinions of committee members are divergent, each member may submit his/her findings and recommendations separately to the City Council. Although written minutes of each committee meeting are not required, committee findings and recommendations should be presented to the City Council in a written document. H. Staffing Councilmembers assigned to committees will observe the City Council Protocols regarding staff assignment of duties. Only the City Manager will assign staff to committees for the purposes of administrative services, to attend committee meetings, and to assist with committee presentations to the City Council. XI. CITY COMMISSIONS, COMMITTEES, AND BOARDS A. Appointments to City Commissions, Committees, and Boards The following procedures will be used in considering appointments by the City Council to the various City commissions, committees, and boards which extend for a term in excess of six (6) months: 1. All persons interested in being considered for service on a City board, commission, or committee must have on file with the City an application (fact-sheet) or request for reappointment indicating an interest in serving. 2. For City commissions, committees, and boards with five (5) members, each Councilmember shall be entitled to appoint one member. All other commissions, committees, and boards in excess of five (5) members shall be selected by the Council as a whole on an “at-large” basis. 3. At-large nominees must receive a majority vote of the City Council membership in order to be appointed. 4. Nominations/appointments are made on a rotation basis. Rotation order is by seniority, based on 1) the date first elected to City Council to present continuous period of service and 2) the number of votes received in the event of a tie in period of service. In circumstances in which two members have the same tenure on the City Council, the number of votes received in the election determines the position in the sequence, with the Councilmember receiving the highest number of votes being first. If a Councilmember is appointed to City Council Protocols Page 24 of 27 Amended 12/13/2016 by Reso. No. 2016-115 fill a mid-term vacancy, that Councilmember will go to the bottom of the rotational list. The City Clerk shall keep a record of the appointments and the Councilmembers’ rotation order. The rotation order shall stay intact for future appointments unless amended or rescinded. 5. Whenever an appointed member of a commission, committee, or board vacates a term of office, the Councilmember who nominated/appointed said person, or the Councilmember’s successor in office, shall be entitled to make the appointment to complete the term of office. 6. Whenever a vacancy occurs on a City commission, committee, or board, the City Clerk shall post a notice of the vacancy notifying the public of the vacancy to be filled and the date that applications will be considered to fill the vacancy in compliance with the Maddy Act. 7. The City Council may establish committees, commissions, boards, or other taskforces with a nomination/appointment process as the Council deems appropriate. B. Policy for Service on City Commissions, Committees, and Boards 1. Attendance Members of commissions, committees, and boards are expected to attend meetings on a regular and consistent basis. An automatic vacancy shall occur on a commission, committee, or board if a member is absent from three (3) consecutive regular meetings without cause. Cause means “illness or other unavoidable circumstance of which the chair of the board, commission or committee is notified prior to the meeting.” The chair of the commission or committee shall notify the City Manager promptly of all absences that are excused for cause. 2. Removal Each member of a board, commission, or committee created and appointed by the City Council serves at the pleasure of the City Council. Any Councilmember may bring forward a proposal to remove a board, commission, or committee member. Three (3) affirmative votes of the City Council are required to remove a member of a board, commission, or committee. 3. Role Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, or board is to make recommendations to the City Council on matters affecting the City of Rohnert Park. Except as otherwise provided in state or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council. City Council Protocols Page 25 of 27 Amended 12/13/2016 by Reso. No. 2016-115 4. Conflict of Interest All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act of the State of California and provisions of the common law relating to conflicts of interest. XII. COUNCIL VACANCY Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512. XIII. USE OF CITY COUNCIL CHAMBER A. The primary purpose of the City Council Chamber, a portion of Rohnert Park City Hall, is for the use of the City Council, Planning Commission, other City Council advisory bodies, and other groups and committees of the City and such other intergovernmental or citizens groups as the City may convene. B. A calendar of use shall be maintained by the City Clerk’s office, and all requests for use should be regularly calendared or scheduled through that office. C. The City Council Chamber shall not be used for political or commercial purpose except as outlined in the following paragraph: D. The City shall allow the use of the Council Chamber for the conduct of candidate forums for election, whether for city, county, state, or national office under the following circumstances: 1. When the candidates’ forum is sponsored by a 501(c)3 non-profit agency, a legitimate non-partisan group, or a governmental agency. 2. When all candidates for that public office have been invited to participate, and a majority of the candidates have indicated that they will do so. 3. When the event is chaired and moderated in an impartial and objective way which is fair to all candidates. E. Use of City-owned and operated television and broadcasting capability shall be limited to broadcast of City Council, Planning Commission , and other City advisory body meetings, for use every two years by the League of Women Voters for a Council Candidate Forum, and for City-related emergency or informational purposes as authorized by the City Manager. Use of the video broadcasting system by an outside agency is not allowed except with the permission of the City Council at least two weeks prior to the event. If such use is granted it is subject to appropriate personnel – equipment – overhead charges as established by the City Manager. ITEM NO. 7B2 1 Meeting Date: April 25, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Zach Tusinger, Planner I Agenda Title: Annual Review of the Growth Management Program RECOMMENDED ACTION: Receive and file the Annual Review of the Growth Management Program per Municipal Code Section 17.19.030. BACKGROUND: Chapter 17.19 of the Rohnert Park Municipal Code (RPMC) contains the City’s Growth Management Program (GMP). The purpose of the Growth Management Program is to assure that the rate of population growth does not exceed the average annual growth rate of one percent per year or 225 units per year on average, as established in the General Plan. As part of the GMP, an annual review is conducted to provide the City with the opportunity to monitor and manage the City’s residential development. If necessary, as a result of this review, the City will impose “trigger caps” on new, market-rate building permits to ensure that an average population growth rate of 1% per year is maintained. The GMP requires that the annual review include a report that outlines:  The number of units included in final discretionary approvals granted for each of the five previous calendar years, within the July 2000 city limits and within each Specific Plan Area;  The number of units included in final map filings within the July 2000 city limits and within each Specific Plan Area;  The number of building permits approved within the July 2000 city limits and within each Specific Plan Area;  Projected housing units by year per approved and pending development agreements  Applications pending for new residential units or mixed-use development with a residential component. If the annual report demonstrates both that the combined number of residential building permits implemented in any two successive (i.e., prior) calendar years exceeds five hundred sixty (560) housing units, and the development pace for the preceding three-year period has exceeded an average of two hundred twenty-five units per year, then a cap on new residential development in the following calendar year shall be established. The GMP allows “carry over” of implemented building permits from year to year, which means that the City can build up a bank of “credits” in years where less than 225 building permits are implemented for new residential construction. Building permits are considered to be “implemented” for purposes of this ordinance one year after the building permit is issued. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7B2 2 The GMP exempts certain types of developments and projects from counting towards the trigger cap. These types of housing projects are required to be separately reported per RPMC Section 17.19.030.B.6. They are:  Single-family dwellings on legal lots of record within the July 2000 City Limits that are not within an approved subdivision;  Housing that is affordable to low and very-low income households and affordable to moderate-income households under the City’s inclusionary housing requirements;  Second dwelling units (accessory dwelling units);  Conversions of mobile homes or apartments to condominium ownership;  Rehabilitation, remodel, or replacement of existing housing;  Model homes (until they receive an occupancy permit); and  Residential infill projects where there is adequate infrastructure and no general plan amendment was required. ANALYSIS: Over the last five years (2012-2016) a total of 1,753 new housing units have received final discretionary approvals. The bulk of these are planned to be constructed in the University District. Over that same period 506 units were included in Final Map approvals. The number of building permits approved over the last five years for new housing totals 464. Totals for each of the last five years broken down by 2000 city limits and each specific plan area are included with this report as Exhibit A. Exempted development numbers are included with this report as Exhibit B. Projected housing units by year per approved and pending development agreements, as well as information on applications pending for new residential units or mixed-use development with a residential component is included in Exhibit C. Future Growth Based on current projections, there is a possibility that Rohnert Park would go over its trigger cap limits in 2018. However, the GMP gives the City an annual unit credit of 225 units, which has been accumulating since the ordinance was first implemented in 2000. Therefore, staff does not realistically see any limits being placed on building permit issuance in the foreseeable future without a significant ramp-up in residential construction activity. In support of this analysis, staff reviewed permits filed for the years 2011-2016 to determine accurate counts, looked at pending development as anticipated by various approvals, and incorporated information from the phasing plans of development agreements. The analysis is included as part of Exhibit C. The analysis models reasonably expected development through 2023 to ascertain whether the cap would be triggered in that time period and what the possible limiting effects may be. The model predicts that Rohnert Park will trigger the cap in building permits in 2018 when the City’s two- year permit implementation totals equals 617 and the three-year period averages 234 units implemented per year. Assuming Rohnert Park does exceed the trigger cap limits in 2018, the cap would apply starting in 2019. Since the GMP establishes an annual housing unit credit of 225 units and the City has not maintained this pace of construction, a large residual credit has accumulated (only 491 units were permitted between 2000 and 2014). This means that the cap that would go into effect in 2019 would be so high (the residual carry over credit plus the annual credit of 225 units for a total of 2,569 units), it would have no practical limiting effect on residential development in Rohnert Park. Even assuming the City was inundated with new residential construction beyond what is currently projected over the next several years (Sonoma ITEM NO. 7B2 3 Mountain Village starts building in earnest, a large number of units begin to come online in the PDA, and other development activity in Specific Plan Areas remains strong) it is unlikely that we would have to begin limiting residential construction until the early to mid-2020s. Exhibit D explores several different growth scenarios: what the City currently projects, less growth, and more growth. STRATEGIC PLAN ALIGNMENT: Preparation of the Annual Review of the Growth Management Program is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. Preparation of the Annual Review of the Growth Management Program is required by the RPMC. FISCAL IMPACT/FUNDING SOURCE: None Department Head Approval Date: 03/29/2017 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 04/10/2017 Attachments (list in packet assembly order): 1. Exhibit A – Annual review of Housing Units per Section 17.19.030.B.1-3 2. Exhibit B – Housing Units Not Subject to Growth Management Ordinance’s Trigger Cap 3. Exhibit C – Growth Management Program Annual Housing Permits Implemented and Trigger Cap Projections Table 4. Exhibit D – Housing Permits Implemented and Housing Residual Allowance Projection Graphs ITEM NO. 7B2 4 Exhibit A – Annual Review of Housing Units per Section 17.19.030.B.1-3 2012 2013 2014 2015 2016 Final Discretionary Approvals 2000 City Limits Stadium Lands PD 244 0 84 0 0 Sonoma Mountain Village PD 0 0 0 0 0 Central Rohnert Park PDA 0 0 0 0 0 Northwest SPA 0 0 0 0 0 Northeast SPA 0 0 0 0 0 University District SPA 0 0 1425 0 0 Southeast SPA 0 0 0 0 0 Total 244 0 1509 0 0 Number of Units on Final Map 2000 City Limits Stadium Lands PD 0 0 0 0 0 Sonoma Mountain Village PD 0 0 0 0 0 Central Rohnert Park PDA 0 0 0 0 0 Northwest SPA 0 0 0 0 0 Northeast SPA 0 0 0 0 0 University District SPA 0 0 0 399 0 Southeast SPA 0 0 0 0 107 Total 0 0 0 399 107 Number of Building Permits Approved 2000 City Limits Stadium Lands PD 244 84 0 Sonoma Mountain Village PD 0 0 0 0 0 Central Rohnert Park PDA 0 0 0 0 0 Northwest SPA 0 0 0 0 0 Northeast SPA 0 0 0 0 0 University District SPA 0 0 0 0 136 Southeast SPA 0 0 0 0 0 Total 0 0 244 84 136 ITEM NO. 7B2 5 Exhibit B – Housing Units Not Subject to the Growth Management Ordinance’s “Trigger Cap” Provisions 2011 2012 2013 2014 2015 2016 Single-family Dwelling Lots not in a Subdivision 0000 00 Units Affordable to Low and Very Low Income 0000 00 Second Dwelling Units (ADUs) 0000 01 Conversion of Mobile Homes Parks to Condos 300 0 0 0 0 0 Rehab, Remodel or Replacement of Existing Homes 79 106 260 31 48 96 Model Homes 0000 010 Exempted Infill Units 0000 00 Total 379 106 260 31 48 101 Ex h i b i t C ‐ Gr o w t h Ma n a g e m e n t Pr o g r a m An n u a l Ho u s i n g Pe r m i t s Im p l m e n t e d an d "T r i g g e r Ca p " Pr o j e c t i o n s 20 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 20 1 8 2 0 1 9 2 0 2 0 2 0 2 1 2022 2 0 2 3 20 0 0 Ci t y Li m i t s 0 0 0 0 2 4 4 8 4 0 2 1 8 0 0 0 0 0 St a d i u m La n d s PD 2 0 0 0 0 2 4 4 8 4 0 1 3 5 0 0 0 0 0 So n o m a Mo u n t a i n Vi l l a g e PD0 0 0 0 0 0 0 0 0 0 0 0 0 Ce n t r a l Ro h n e r t Pa r k PD A 3 00 0 0 0 0 0 8 3 0 0 0 0 0 No r t h w e s t SP A 0 00 0 0 0 0 0 0 0 0 0 0 No r t h e a s t SP A 0 00 0 0 0 0 0 0 0 0 0 0 Un i v e r s i t y Di s t r i c t SP A 4 0 0 0 0 0 0 1 3 6 1 6 8 2 1 5 1 6 7 1 9 6 2 3 7 4 3 Va s t Oa k We s t 0 0 0 0 0 0 1 3 6 1 6 8 6 6 2 9 0 0 0 Va s t Oa k Ea s t 0 0 0 0 0 0 0 0 1 4 9 1 1 6 5 0 2 7 1 2 Va s t Oa k No r t h 0 0 0 0 0 0 0 0 0 2 2 9 4 9 0 0 UD LLC 0 0 0 0 0 0 0 0 0 0 5 2 1 2 0 3 1 So u t h e a s t SP A 5 0 00 0 0 0 0 9 5 5 5 4 8 3 5 3 4 3 3 Tr i g g e r Ca p Ca l c u l a t i o n s An n u a l To t a l 0 0 0 0 2 4 4 8 4 1 3 6 4 8 1 2 7 0 2 1 5 2 3 1 2 7 1 7 6 TW O ‐YE A R TO T A L (7 ) Tr i g g e r = 56 0 0 0 0 0 2 4 4 3 2 8 2 2 0 61 7 7 5 1 4 8 5 4 4 6 5 0 2 3 4 7 TH R E E ‐YE A R AV E R A G E (8 ) Tr i g g e r = 22 5 0 0 0 0 8 1 1 0 9 1 5 5 23 4 2 9 6 3 2 2 2 3 9 2 3 9 1 9 3 Ca p Tr i g . C a p Tr i g . C a p Tr i g . C a p Trig. C a p Trig. C a p Trig. Re s i d u a l De v e l o p m e n t Ca p . = 1, 7 5 9 6 1, 9 8 4 2, 2 0 9 2, 4 3 4 2, 6 5 9 2, 6 4 0 2, 7 8 1 2, 8 7 0 2, 6 1 4 2, 5 6 9 2, 5 7 9 2,573 2,527 2,676 CA P CA P CAP CAP CAP Ap p l i c a t i o n s Pe n d i n g 20 0 0 Ci t y Li m i t s St a d i u m La n d s PD So n o m a Mo u n t a i n Vi l l a g e PD 43 5 So u t h w e s t Ap a r t m e n t s Ce n t r a l Ro h n e r t Pa r k PD A No r t h w e s t SP A No r t h e a s t SP A Un i v e r s i t y Di s t r i c t SP A So u t h e a s t SP A (4 ) Ba s e d on TR A K i t pe r m i t s to da t e an d th e Am e n d e d DA (2 ) St a d i u m La n d s PD in c l u d e s Fi o r i Es t a t e s , Re s e r v e at Do w d e l l , an d Re s i d e n c e s at Fi v e Cr e e k s (3 ) Av r a m Ho u s e is s u e d in 20 1 7 (9 0 un i t s to t a l mi n u s 7 af f o r d a b l e un i t s ) (5 ) Ba s e d on ph a s i n g di a g r a m in DA (m i n u s af f o r d a b l e ho u s i n g un i t s ) an d th e ab s o r p t i o n sc h e d u l e fo r CF D pr o j e c t i o n s . (7 ) ( 8 ) Fo r m u l a fo r Ap p l y i n g th e Tr i g g e r Ca p (1 7 . 1 9 . 0 5 0 ) ‐ "B e g i n n i n g in th e ca l e n d a r ye a r 20 0 5 , if th e an n u a l re p o r t de m o n s t r a t e s bo t h th a t th e co m b i n e d nu m b e r of re s i d e n t i a l pe r m i t s implemented in any two su c c e s s i v e (i . e . pr i o r ) ca l e n d a r ye a r s ex c e e d s fi v e hu n d r e d si x t y ho u s i n g un i t s (f i v e hu n d r e d si x t y re p r e s e n t s on e hu n d r e d tw e n t y ‐fi v e pe r c e n t of th e tw o ‐ye a r av e r a g e gr o w t h of four hundred fifty housing units), an d th e de v e l o p m e n t pa c e fo r th e pr e c e d i n g th r e e ‐ye a r pe r i o d ha s ex c e e d e d an av e r a g e of tw o hu n d r e d tw e n t y ‐fi v e un i t s pe r ye a r , th e n a ca p on re s i d e n t i a l de v e l o p m e n t in th e following calendar year shall be es t a b l i s h e d . " (6 ) 10 yr s x 22 5 (2 0 0 1 ‐20 1 0 ) , le s s 49 1 un i t s pe r m i t t e d du r i n g th a t ti m e fr a m e (2 0 0 2 ‐14 un i t s , 20 0 3 ‐66 un i t s , 20 0 4 ‐21 4 un i t s , 20 0 5 ‐19 7 un i t s ) Nu m e r o u s Bu i l d i n g Pe r m i t s Pe n d i n g 10 7 Un i t Fi n a l Ma p Ap p r o v e d Nu m b e r of Bu i l d i n g Pe r m i t s Im p l e m e n t e d 1 (1 ) "R e s i d e n t i a l bu i l d i n g pe r m i t im p l e m e n t a t i o n " me a n s co m p l e t i o n of th e dw e l l i n g un i t th a t a pe r m i t pe r t a i n s to an d is de e m e d to ta k e pl a c e on e ye a r af t e r th e pe r m i t is is s u e d (1 7 . 1 9 . 0 2 0 . D ) . 13 5 Un i t Re s i d e n c e s @ Fi v e Cr e e k ‐ Fi n a l De v e l o p m e n t Pl a n Ap p r o v e d Ja n u a r y 20 1 7 , SPAR expected in 2017 No n e 83 5 Un i t s ap p r o v e d wi t h Ce n t r a l Ro h n e r t Pa r k PD A in Ma r c h 20 1 6 SP A R ap p r o v e d fo r 90 un i t s (m i n u s 7 af f o r d a b l e un i t s ) at Av r a m Ho u s e in th e PD A in March 2017 40 0 Un i t s @ Ro h n e r t Cr o s s i n g s ‐ Pr e l i m i n a r y De v e l o p m e n t Pl a n Ap p r o v e d in April 2016 No n e No n e 15 Un i t s ap p l i e d fo r in De c e m b e r 20 1 6 ‐ SP A R Pe n i d i n g 20 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 2 0 1 8 2 0 1 9 2 0 2 0 2 0 2 1 2 0 2 2 2 0 2 3 Tw o ‐Ye a r Pe r m i t To t a l 00 0 0 2 4 4 3 2 8 2 2 0 6 1 7 7 5 1 4 8 5 4 4 6 5 0 2 3 4 7 Th r e e ‐Ye a r Pe r m i t Av e r a g e 00 0 0 8 1 1 0 9 1 5 5 2 3 4 2 9 6 3 2 2 2 3 9 2 3 9 1 9 3 An n u a l To t a l Pe r m i t s Im p l e m e n t e d 00 0 0 2 4 4 8 4 1 3 6 4 8 1 2 7 0 2 1 5 2 3 1 2 7 1 7 6 Re s i d u a l Un b u i l t Ho u s i n g Al l o w a n c e 1, 9 8 4 2 , 2 0 9 2 , 4 3 4 2 , 6 5 9 2 , 6 4 0 2 , 7 8 1 2 , 87 0 2 , 6 1 4 2 , 5 6 9 2 , 5 7 9 2 , 5 7 3 2 , 5 2 7 2 , 6 7 6 Tw o ‐Ye a r To t a l Tr i g g e r (5 6 0 ) 56 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 Th r e e ‐Ye a r Av e r a g e Tr i g g e r (2 2 5 ) 22 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 Cu m u l a t i v e Ne w Ho u s i n g Pe r m i t s Si n c e 20 0 0 49 7 4 9 7 4 9 7 4 9 7 7 4 1 8 2 5 9 6 1 1 4 4 2 1 7 1 2 1 9 2 7 2 1 5 8 2 4 2 9 2 5 0 5 Al l o c a t e d Ho u s i n g Pe r m i t s Un d e r th e Ge n e r a l Pl a n 20 0 0 2, 4 8 1 2 , 7 0 6 2 , 9 3 1 3 , 1 5 6 3 , 3 8 1 3 , 6 0 6 3 , 83 1 4 , 0 5 6 4 , 2 8 1 4 , 5 0 6 4 , 7 3 1 4 , 9 5 6 5 , 1 8 1 0 10 0 0 20 0 0 30 0 0 40 0 0 50 0 0 60 0 0 H o u s i n g U n i t s P e r m i t t e d Ex h i b i t D ‐ Ho u s i n g Un i t Pe r m i t s Im p l e m e n t e d an d Ho u s i n g Re s i d u a l Al l o w a n c e (2 0 1 7 ) ‐ Pr o j e c t e d Gr o w t h 20 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 2 0 1 8 2 0 1 9 2 0 2 0 2 0 2 1 2 0 2 2 2 0 2 3 Tw o ‐Ye a r Pe r m i t To t a l 00 0 0 2 4 4 3 2 8 2 2 0 8 3 6 14 0 0 1 4 0 0 1 4 0 0 1 4 0 0 1 4 0 0 Th r e e ‐Ye a r Pe r m i t Av e r a g e 00 0 0 8 1 1 0 9 1 5 5 3 0 7 5 1 2 7 0 0 7 0 0 7 0 0 7 0 0 An n u a l To t a l Pe r m i t s Im p l e m e n t e d 00 0 0 2 4 4 8 4 1 3 6 7 0 0 7 0 0 7 0 0 7 0 0 7 0 0 7 0 0 Re s i d u a l Un b u i l t Ho u s i n g Al l o w a n c e 1, 9 8 4 2 , 2 0 9 2 , 4 3 4 2 , 6 5 9 2 , 6 4 0 2 , 7 8 1 2, 8 7 0 2 , 3 9 5 1 , 9 2 0 1 , 4 4 5 9 7 0 4 9 5 2 0 Tw o ‐Ye a r To t a l Tr i g g e r (5 6 0 ) 56 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 Th r e e ‐Ye a r Av e r a g e Tr i g g e r (2 2 5 ) 22 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 Cu m u l a t i v e Ne w Ho u s i n g Pe r m i t s Si n c e 20 0 0 49 7 4 9 7 4 9 7 4 9 7 7 4 1 8 2 5 9 6 1 1 6 6 1 2 3 6 1 3 0 6 1 3 7 6 1 4 4 6 1 5 1 6 1 Al l o c a t e d Ho u s i n g Pe r m i t s Un d e r th e Ge n e r a l Pl a n 20 0 0 2, 4 8 1 2 , 7 0 6 2 , 9 3 1 3 , 1 5 6 3 , 3 8 1 3 , 6 0 6 3 , 83 1 4 , 0 5 6 4 , 2 8 1 4 , 5 0 6 4 , 7 3 1 4 , 9 5 6 5 , 1 8 1 0 10 0 0 20 0 0 30 0 0 40 0 0 50 0 0 60 0 0 H o u s i n g U n i t s P e r m i t t e d Ex h i b i t D ‐ Ho u s i n g Un i t Pe r m i t s Im p l e m e n t e d an d Ho u s i n g Re s i d u a l Al l o w a n c e (2 0 1 7 ) ‐ Mo r e Growth Sc e n a r i o 20 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 2 0 1 8 2 0 1 9 2 0 2 0 2 0 2 1 2 0 2 2 2 0 2 3 Tw o ‐Ye a r Pe r m i t To t a l 00 0 0 2 4 4 3 2 8 2 2 0 5 3 6 7 0 0 5 0 0 3 0 0 2 0 0 2 0 0 Th r e e ‐Ye a r Pe r m i t Av e r a g e 00 0 0 8 1 1 0 9 1 5 5 2 0 7 2 7 9 3 0 0 2 0 0 1 3 3 1 0 0 An n u a l To t a l Pe r m i t s Im p l e m e n t e d 00 0 0 2 4 4 8 4 1 3 6 4 0 0 3 0 0 2 0 0 1 0 0 1 0 0 1 0 0 Re s i d u a l Un b u i l t Ho u s i n g Al l o w a n c e 1, 9 8 4 2 , 2 0 9 2 , 4 3 4 2 , 6 5 9 2 , 6 4 0 2 , 7 8 1 2 , 87 0 2 , 6 9 5 2 , 6 2 0 2 , 6 4 5 2 , 7 7 0 2 , 8 9 5 3 , 0 2 0 Tw o ‐Ye a r To t a l Tr i g g e r (5 6 0 ) 56 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 5 6 0 Th r e e ‐Ye a r Av e r a g e Tr i g g e r (2 2 5 ) 22 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 2 2 5 Cu m u l a t i v e Ne w Ho u s i n g Pe r m i t s Si n c e 20 0 0 49 7 4 9 7 4 9 7 4 9 7 7 4 1 8 2 5 9 6 1 1 3 6 1 1 6 6 1 1 8 6 1 1 9 6 1 2 0 6 1 2 1 6 1 Al l o c a t e d Ho u s i n g Pe r m i t s Un d e r th e Ge n e r a l Pl a n 20 0 0 2, 4 8 1 2 , 7 0 6 2 , 9 3 1 3 , 1 5 6 3 , 3 8 1 3 , 6 0 6 3 , 83 1 4 , 0 5 6 4 , 2 8 1 4 , 5 0 6 4 , 7 3 1 4 , 9 5 6 5 , 1 8 1 0 10 0 0 20 0 0 30 0 0 40 0 0 50 0 0 60 0 0 H o u s i n g U n i t s P e r m i t t e d Ex h i b i t D ‐ Ho u s i n g Un i t Pe r m i t s Im p l e m e n t e d an d Ho u s i n g Re s i d u a l Al l o w a n c e (2 0 1 7 ) ‐ Le s s Growth Sc e n a r i o ITEM NO. 7B3 1 Meeting Date: April 25, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Jeff Beiswenger, Planning Manager Agenda Title: Receive the Annual Report on the Status of the General Plan Calendar Year 2016 RECOMMENDED ACTION: Receive the Annual Report on the Status of the General Plan Calendar Year 2016, and direct staff to forward the Annual Report to the State Office of Planning and Research and the Department of Housing and Community Development. BACKGROUND: Government Code Section 65400 mandates that the planning agency of cities submit an annual report on the status of the General Plan and progress on its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) each year. The report addresses the City’s progress on its General Plan implementation, including the progress in meeting its share of regional housing needs. The intent of this requirement is to ensure that the General Plan directs all land use decisions and remains an effective guide for future development. The information that follows is provided for compliance with the Government Code Requirements related to the provision of an annual report on the status of the Rohnert Park General Plan. Also included is the Supplement to the Housing Element Progress Report, General Plan Amendments and the Housing Element Progress Report. After review by the City Council, the document will then be forwarded to the State Office of Planning and Research and the Department of Housing and Community Development. ANALYSIS: The Rohnert Park General Plan 2020 was adopted in July 2000 and has been amended a number of times since then. The General Plan includes the following mandatory elements:  Land Use  Transportation  Open Space (Parks and Recreation)  Environmental Conservation  Health and Safety  Noise  Housing Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7B3 2 Local governments are required to keep their General Plans current and internally consistent. There is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element, which is required to be updated every seven years. The following report represents the progress the City has made towards implementing the goals and policies of the General Plan during the 2016 calendar year. The goals where there has been significant progress or action are cited in the attached report. STRATEGIC PLAN ALIGNMENT: This item is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. Annual review of the General Plan is required by state law. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to the City. Department Head Approval Date: 4/10/2017 Finance Director Approval Date: NA City Attorney Approval Date: NA City Manager Approval Date: 4/13/17 Attachments: 1. Annual Report on the Status of the Rohnert Park General Plan for Calendar Year 2016 2. Housing Element Progress Report Pa g e 1 At t a c h m e n t 1 An n u a l R e p o r t o n t h e S t a t u s o f th e R o h n e r t P a r k G e n e r a l P l a n Ca l e n d a r Y e a r 2 0 1 6 Go v e r n m e n t C o d e S e c t i o n 6 5 4 0 0 m a n d a t e s t h a t th e p l a n n i n g a g e n c y o f c i t i e s s u b m i t a n a nn u a l r e p o r t o n t h e s t a t u s o f t h e G e n e r a l Plan an d p r o g r e s s o n i t s i m p l e m e n t a t i o n t o t h e i r l e g i s l a t i v e b o d i e s , th e G o v e r n o r ’ s O f f i c e o f P l a n n i ng a n d R e s e a r c h ( O P R ) a n d t h e De p a r t m e n t o f H o u s i n g a n d C o m m u n i t y D e v e l o p m e n t ( H C D ) e a c h y e a r . T h e r e p o r t m u s t a d d r e s s t h e C it y ’ s p r o g r e s s i n i t s G e n e r a l Pl a n i m p l e m e n t a t i o n , i n c l u d i n g t h e p r o g r e s s i n me e t i n g i t s s h a r e o f r e g i o n a l h o u s i n g n e e d s . T h e i n t e n t o f t h i s r e q u i r e m e n t i s t o ensure th a t t h e G e n e r a l P l a n d i r e c t s a l l l a n d u s e de c i s i o n s a n d r e m a i n s a n e f f e c t i v e g u i d e f o r f u t u r e d e v e l o p m e n t . T h e i n f o r m a t i o n t h a t fo l l o w s i s p r o v i d e d f o r c o m p l i a n c e w i t h t h e G o v e r n m e n t C o d e r e q u i re m e n t s r e l a t e d t o t h e p r o v i s i on o f a n a n n u a l r e p o r t o n t h e s t atus of t h e R o h n e r t P a r k G e n e r a l P l a n . St a t u s o f t h e R o h n e r t P a r k G e n e r a l P l a n Th e R o h n e r t P a r k G e n e r a l P l a n w a s a d o p t e d in J u l y 2 0 0 0 a n d h a s b e e n a m e n d e d a n u m b e r of t i m e s s i n c e t h e n . T h e G e n e r a l P l a n in c l u d e s t h e f o l l o w i n g m a n d a t o r y e l e m e n t s :  La n d U s e  Tr a n s p o r t a t i o n / C i r c u l a t i o n  Ho u s i n g  Op e n S p a c e ( P a r k s a n d R e c r e a t i o n )  No i s e  He a l t h a n d S a f e t y  En v i r o n m e n t a l C o n s e r v a t i o n Lo c a l g o v e r n m e n t s a r e r e q u i r e d t o k ee p t h e i r G e n e r a l P l a n s c u r r e n t a n d i n t e r n a l l y co n s i s t e n t . T h e r e i s n o s p e c i f i c r e q u i r e m e n t that a lo c a l g o v e r n m e n t u p d a t e i t s G e n e r a l P l a n o n a p a r t i c u l a r t i m e l i n e , w i t h t h e e x c e p t i o n o f t h e H o u s in g E l e m e n t , w h i c h i s r e q u i r e d to be up d a t e d e v e r y s e v e n y e a r s . Th e C i t y m a d e p r o g r e s s i n 2 0 1 6 t o w a r d a c h i e v i n g G e n e r a l P l a n G o a l s an d P o l i c i e s a s l i s t e d i n t h e s ub s e q u e n t t a b l e s i n t h i s r e p o rt. No t a b l y , t h e C i t y a d o p t e d t h e C e n t r a l R o h n e rt P a r k , P r i o r i t y D e v e l o p m e n t P l a n ( P D A ) w h i c h r e s u l t e d i n n u m e r o u s n e w G o a l s a n d Po l i c i e s a d d e d t o t h e G e n e r a l P l a n . T h e s e n e w G o a l s an d P o l i c i e s a r e e n u m e r a t e d i n s e p a r a t e t a b l e s . Pa g e 2 Ge n e r a l P l a n M a p A m e n d m e n t s Du r i n g 2 0 1 6 , t h e G e n e r a l P l a n m a p w a s a m e n d e d , p r i m a r i l y r e s u l t i n g in u p d a t e s t o F i g u r e 2 . 2 - 1 ( G e n e r al P l a n D i a g r a m ) , b u t a l s o re s u l t i n g i n u p d a t e s t o F i g u r e 4 . 1 - 1 ( M a s t e r S t re e t P l a n ) a n d u p d a t e s t o G e n e r a l P l a n t e xt r e l a t e d t o t h e C e n t r a l R o h n e r t P a r k , Priority De v e l o p m e n t A r e a ( P D A ) p l a n . T h e u p d a te s t h a t o c c u r r e d i n 2 0 1 6 a r e s u m m ar i z e d i n t h e f o l l o w i n g t a b l e . Ta b l e 1 – M a p A m e n d m e n t s i n 2 0 1 6 Lo c a t i o n De s c r i p t i o n 1 43 5 S o u t h w e s t B o u l e v a r d Pu b l i c I n s t i t u t i o n a l ( P - 1) t o H i g h D e n s i t y Re s i d e n t i a l ( H D R ) Th i s 0 . 7 3 a c r e v a c a n t p a r c e l w a s p r e v i o u s d e s i g n a t e d a s Pu b l i c / I n s t i t u t i o n a l o n t h e G e n e ra l P l a n l a n d u s e d i a g r a m a n d w a s th e l o c a t i o n o f a f i r e s t a t i o n . T h e d e s i g n a t i o n w a s a m e n d e d t o H i g h De n s i t y R e s i d e n t i a l i n o r d e r t o b e co n s i s t e n t w i t h a d j a c e n t p r o p e r t i e s an d a l l o w f o r t h e c o n s t r u c t i o n of a n a p a r t m e n t c o m p l e x . Ce n t r a l R o h n e r t P a r k , P r i o r i t y D e v e l o p m e n t A r e a 2 64 0 0 S t a t e F a r m D r i v e O f f i c e ( O ) t o M i x e d Us e ( M U ) Th e G e n e r a l P l a n d i a g r a m w a s u p d a t e d t o r e p l a c e t h e O f f i c e de s i g n a t i o n f o r t h e f o r m e r ( 3 0 . 0 a c r e ) S t a t e F a r m c a m p u s w i t h t h e Mi x e d U s e d e s i g n a t i o n . 4 60 0 E n t e r p r i s e D r i v e P - I t o M U T h e P u b l i c / I ns t i t u t i o n a l d e s i g n a t i o n o f t h e C i t y ’ s 2 . 5 a c r e co r p o r a t i o n y a r d s i t e , a d j a c e n t t o th e f o r m e r S t a t e F a r m c a m p u s w a s al s o c h a n g e d t o M i x e d U s e . 5 En t e r p r i s e Dr i v e ( C o m m e r c e B l v d . t o St a t e F a r m D r . ) Ma j o r t o M i n o r Co l l e c t o r Th e r o a d w a y d e s i g n a t i o n o f S t a t e F a rm D r i v e f r o m E n t e r p r i s e D r i v e to R o h n e r t P a r k E x p r e s s w a y w a s c h a n g e d f r o m M a j o r t o M i n o r Co l l e c t o r t o a l l o w t h e r o a d w a y t o be n a r r o w e d t o o n e l a n e i n e a c h di r e c t i o n t o a l l o w f o r o n - s t r e e t pa r k i n g a n d b i k e l a n e s . E n t e r p r i s e Dr i v e f r o m C o m m e r c e D r i v e t o S t a t e F a r m D r i v e w a s a l s o re c l a s s i f i e d . 6. St a t e F a r m D r i v e (C o m m e r c e B l v d t o R P X ) Ma j o r t o M i n o r Co l l e c t o r 7. Al l H D R a r e a s i n P D A A l l o w a b l e d e n s i t y in c r e a s e d f r o m 2 4 t o 3 0 du p e r a c r e Th e C e n t r a l R o h n e r t P a r k p l a n c a l l s f o r m o r e d e v e l o p m e n t i n t e n s i t y to s u p p o r t t r a n s i t ( p a r t i c u l a r l y i n a r ea p r o x i m a t e t o t h e S M A R T t r a i n st a t i o n ) . Pa g e 3 Ge n e r a l P l a n G o a l s Th e f o l l o w i n g s e r i e s o f t a b l e s r e p r e s e n t s t h e p r o g r e s s t h e C i t y ha s m a d e t o w a r d s i m p l e m e n t i n g i t s g e n e r a l p l a n g o a l s d u r i n g t h e 2016 ca l e n d a r y e a r . A s i s t o b e e x p e c t e d , t h e C it y d i d n o t w o r k o n a l l g o a l s i n t h i s c a l e n d a r y e a r a n d t h e l i s t c o v e r s o n l y a c t i v i t i es that took pl a c e i n 2 0 1 6 . Ta b l e 2 – I m p l e m e n t a t i o n o f L a n d U s e G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l LU - E En c o u r a g e d e v e l o p m e n t o f t h e C i t y C e n t e r a s a mi x e d - u s e a c t i v i t y c e n t e r w i t h a r a n g e o f c o m m e r c i a l , re s i d e n t i a l , a n d c i v i c u s e s . On - g o i n g T h e C i t y a p p r o v e d a P r i o r i t y D e v e l o p m e n t A r e a , 3 3 0 ac r e s b o r d e r e d b y U S 1 0 1 , t h e r a i l r o a d t r a c k s , a n d Av r a m A v e n u e / S a n t a A l i c i a D r i v e . T h e P D A i n c l u d e s th e C i t y C e n t e r a s p a r t o f a f u t u r e d o w n t o w n a r e a . Go a l LU - F Cr e a t e a n e w m i x e d - u s e U n i v e r si t y D i s t r i c t n o r t h o f So n o m a S t a t e U n i v e r s i t y t h at w o u l d d r a w v i s i t o r s , se r v e a s d e s t i n a t i o n p o i n t f o r t h e C i t y , o f f e r a w i d e mi x o f r e s i d e n t i a l e m p l o y m e n t o p p o r t u n i t i e s a n d fo s t e r c l o s e p h y s i c a l a n d v i su a l r e l a t i o n s h i p b e t w e e n th e c a m p u s a n d t h e C i t y . On - g o i n g Co n s t r u c t i o n o f h o u s i n g i n t h e U n i v e r s i t y D i s t r i c t Sp e c i f i c P l a n A r e a h a s c o m m e n c e d w i t h 7 7 n e w h o m e s bu i l t i n 2 0 1 6 a n d a s i m i l a r a m o u n t e x p e c t e d i n 2 0 1 7 . Go a l LU - I Pr o v i d e a r a n g e o f h o u s i n g v a r i e t y i n t y p e a n d p r i c e , in c l u d i n g l a r g e - l o t h o m e s an d h o u s i n g o r i e n t e d t o st u d e n t s . On - g o i n g Th e R e s e r v e 8 4 u n i t a p a r t m e n t c o m p l e x w a s c o m p l e t e d th i s y e a r . T h e s e a r e l a r g e r u n i t s w i t h s u i t a b l e f o r fa m i l i e s w i t h c h i l d r e n . C o n s t r u c t i o n o f h o u s i n g i n t h e Un i v e r s i t y D i s t r i c t S p e c i fi c P l a n A r e a c o m m e n c e d . Go a l LU - K Pr o m o t e a d i v e r s e r a n g e o f j o b s w i t h i n t h e c i t y . On - g o i n g T h e f o c u s i n 2 0 1 6 h a s b e e n o n i n t e r n a l , t e n a n t im p r o v e m e n t s a l l o w i n g m a n y ne w b u s i n e s s e s t o l o c a t e in t h e c i t y . A c t i v i t y i n So n o m a M o u n t a i n V i l l a g e h a s be e n p a r t i c u l a r s t r o n g w i t h n e w m a n u f a c t u r e r s – no t a b l y M o r t o n B a s s e t S p i c e s i n 2 0 1 6 . O x f o r d S u i t e s Ho t e l i n t h e W i l f r e d D o w d e l l S p e c i f i c P l a n A r e a i s cu r r e n t l y u n d e r c o n s t r u c t i o n a n d n e a r i n g c o m p l e t i o n . Pa g e 4 Ta b l e 3 – N e w L a n d U s e G o a l s a d d e d in 2 0 1 6 ( C e n t r a l R o h n e r t P a r k P D A ) Go a l o r P o l i c y Progress in 2016 Go a l P D A L- 1 Es t a b l i s h C e n t r a l R o h n e r t P a r k a s a c o m p l e t e co m m u n i t y , w i t h d i s t i n c ti v e m i x e d - u s e a r e a s a n d pl a c e s . Adopted Po l i c y P D A L- 1 . 1 Ta k e a d v a n t a g e o f t h e r e l a t i v e l y c l o s e p r o x i m it y a n d m i x e d - u s e c h a r a c t e r o f e a c h o f t h e P D A su b a r e a s t o s u p p o r t a o n e - s t o p de s t i n a t i o n f o r t h e co m m u n i t y ’ s s h o p p i n g , e m p l o y m e n t , l i v i n g , a n d re c r e a t i o n a l n e e d s . Adopted Po l i c y P D A L- 1 . 2 Su p p o r t n e w a r t a n d e n t e r t a i n m en t v e n u e s i n t h e P D A . Adopted Po l i c y P D A L- 1 . 3 Im p l e m e n t a R e g i o n a l C o m m e r c i a l O v e r l a y z o n e to s u p p o r t o p p o r t u n i t i e s f o r a v a r i e t y o f r e g i o n a l co m m e r c i a l u s e s i n t h e T r i a n g l e B u s i n e s s s u b a re a , p a r t i c u l a r l y w i t h i n v a c a n t a n d u n d e r u s e d po r t i o n s o f t h e T r i a n g l e B u s i n e s s s u b a r e a , f r on t i n g U . S . 1 0 1 ( a s i d e n ti f i e d i n F i g u r e 4 . 2 ) . Adopted Po l i c y P D A L- 1 . 4 Im p l e m e n t a D o w n t o w n D i s t r i c t o n b o t h s i d e s o f Ro h n e r t P a r k E x p r e s s w a y a n d S t a t e F a r m D r i v e an d e n c o m p a s s i n g t h e S M A R T r a i l s t a t i o n . Adopted Go a l P D A L- 2 Pr o m o t e h i g h - q u a l i t y , c o m p a c t i n f i l l g r o w t h i n t h e P D A t h a t e n h a n c e s t h e c h a r a c t e r o f e x i s t i n g ne i g h b o r h o o d s , c o m p l e m e n t s t h e i d e n t i t y o f s u b a re a s , a n d i m p r o v e s t h e b i k e , p e d e s t r i a n , a n d tr a n s i t o r i e n t a t i o n i n t h e P D A . Adopted Po l i c y P D A L- 2 . 1 De s i g n n e w d e v e l o p m e n t t o r e i n f o r c e a n d e n h a n c e t h e u n i q u e q u a l i t i e s o f e a c h s u b a r e a . Adopted Po l i c y P D A L- 2 . 2 Su p p o r t c r e a t i o n o f a p e d e s t r i a n - o r i e n t e d d o w n t o w n , a d j a c e n t t o t h e S M A R T r a i l s t a t i o n . Adopted Po l i c y P D A L- 2 . 3 Bu i l d o n d e v e l o p m e n t i n t h e C i t y C e n t e r a s a c i v i c a n d c u l t u r a l d e st i n a t i o n , w i t h s m al l e r s h o p s a n d se r v i c e s , m i x e d - u s e l o f t s , a nd n e i g h b o r h o o d - o r i e n t e d u s e s . Adopted Po l i c y P D A L- 2 . 4 Pr o m o t e i n f i l l d e v e l o p m e n t t o a c t i v a t e S t a t e F a r m Dr i v e , a k e y r o a d w a y c o n n ec t i n g a l l s u b a r e a s i n th e P D A . Adopted Po l i c y P D A L- 2 . 5 Su p p o r t a n d m a r k e t a v a i l a b l e e m p l o y m e n t p a r c e l s w it h i n w a l k i n g d i s t a n c e o f t h e S M A R T r a i l l i n e or l o c a l t r a n s i t s t o p . C o n n e c t th e s e c e n t e r s w i t h b i c y c l e an d p e d e s t r i a n f a c i l i t i e s . Adopted Pa g e 5 Po l i c y P D A L- 2 . 6 : Pr o v i d e t r a n s i t i o n s t o e s t a b l i s h e d n e i g h b o r h o o d a r ea s b y e n s u r i n g a p p r o p r i a t e s e t b a c k s t a n d a r d s an d s t e p b a c k s f o r u p p e r - s t o r y l e v e l s o f m u l t i - s t o r y s t r u c t u r e s , a d j a c e n t t o r e s i d e n t i a l u s e s . Adopted Go a l P D A L- 4 En c o u r a g e v a r i e t y i n n e w h o u s i n g d e v e l o p m e n t t o se r v e t h e d i v e r s e s e g m e n t s o f t h e c o m m u n i t y , in c l u d i n g s t u d e n t s , w o r k i n g p r o f e s s i o n a l s , f a m i l i e s , a n d s e n i o r c i t i z e n s . Adopted Po l i c y P D A L- 4 . 1 Pr o v i d e a v a r i e t y o f h o u s i ng t y p e s a n d d e n s i t i e s . Adopted Po l i c y P D A L- 4 . 2 Fo c u s t h e d e v e l o p m e n t o f n e w h o u s i n g i n t h e C i t y C e nt e r a n d S t a t i o n C e n t e r su b a r e a s , a t d e n s i t i e s su f f i c i e n t t o s u p p o r t t r a n s i t u s e a n d w i t h a c c e s s t o e m p l o y m e n t a n d c o m m u n i t y s e r v i c e s i n t h e re g i o n . Adopted Po l i c y P D A L- 4 . 3 In c r e a s e m i n i m u m d e n s i t y l i m i t s f o r h i g h e r d e n s i t y h o u s i n g n e a r t r a n s i t ( p ar t i c u l a r l y w i t h i n o n e - ha l f m i l e o f t h e S M A R T r a i l s t a t i o n ) . Adopted Go a l P D A L- 5 En s u r e a n a d e q u a t e s u p p l y o f a f f o r d a b l e r e n t s an d h o m e o w n e r s h i p o p p o r t u n i ti e s , a v o i d i n g i n d i r e c t di s p l a c e m e n t o f e x i s t i n g r e s i d e n t s . Adopted Po l i c y P D A L- 5 . 1 Su p p o r t a n d e n c o u r a g e t h e p r o v i s i on o f h o u s i n g t o a b r o a d r a n g e o f i n c o m e l e v e l s , i n c l u d i n g ma r k e t - r a t e a n d a f f o r d a b l e h o u s i n g . Adopted Po l i c y P D A L- 5 . 2 Ne w d e v e l o p m e n t s h a l l b e r e q u i r e d t o c o m p l y w i t h t h e C i t y ’ s i n c l u s i o n a r y h o u s i n g o r d i n a n c e . Adopted Po l i c y P D A L- 5 . 3 Af f o r d a b l e h o u s i n g s h o u l d b e e n co u r a g e d , b a s e d o n i m p l e m e n t a t i o n o f C i t y p r o g r a m s a n d p o l i c i e s , id e n t i f i e d i n t h e C i t y ’ s H o u s i n g E l e m e n t U pd a t e a n d a s a r e c o m m e n d e d f o r t h e P D A , a s su m m a r i z e d i n S e c t i o n 4 . 2 . 3 . Adopted Go a l P D A L- 6 Su p p o r t t h e P D A a s a t h r i v i n g b u s in e s s a n d e m p l o y m e n t d i s t r i c t . Adopted Po l i c y P D A L- 6 . 1 Im p l e m e n t c o r r i d o r l a n d s c a p e i m p r o v e m e n t s t h a t b e a u ti f y a n d i m p r o v e v e h i c u l a r , t r a n s i t , b i k e , a n d pe d e s t r i a n a c c e s s t o b u s i n e s s e s w i t h i n t h e P D A . Adopted Po l i c y P D A L- 6 . 2 Su p p o r t a n d m a r k e t i n f i l l d e v e l o p m e n t o p p o r t u n i t i e s on v a c a n t a n d u n d e r u s e d s i t e s t h a t c a n a t t r a c t sm a l l a n d l a r g e t e n a n t s a nd a v a r i e t y o f u s e r s . Adopted Po l i c y P D A L- 6 . 3 As n e w d e v e l o p m e n t o c c u r s , p r o v id e i n c e n t i v e s a n d a s s i s t a n c e t o e x i s t i n g s m a l l b u s i n e s s e s f o r pr o p e r t y i m p r o v e m e n t s t h a t s u p p o r t t h e i r v i b r a n c y a n d v i a b i l i t y . Adopted Pa g e 6 Po l i c y P D A L- 6 . 4 En c o u r a g e e x i s t i n g p r o p e r t y o w n e r s i n t h e s u b u r b a n c o m m e r c i a l a n d b u s i n e s s c e n t e r s i n t h e C e n t r a l Co m m e r c i a l a n d T r i a n g l e B u s i n e ss s u b a r e a s t o u p g r a d e t h e i r pr o p e r t i e s t o s u p p o r t n e w p u b l i c pl a c e s a n d i m p r o v e t h e p e d e s t r i a n o r i e n t a t i o n a n d c h a r a c t e r a l o n g t h e s t r e et o r r e t a i l f r o n t a g e s . Adopted Go a l P D A L- 7 Pr e s e r v e , p r o t e c t , a n d r e st o r e s e n s i t i v e n a t u r a l re s o u r c e s i n t h e P D A . Adopted Po l i c y P D A L- 7 . 1 In n e w d e v e l o p m e n t , u s e s i t e p r e p a r a t i o n , g r a d in g , a n d c o n s t r u c t i o n t e c h n i q u e s t h a t p r e v e n t co n t a m i n a t i o n a n d s e d i m e n t a ti o n o f c r e e k s a n d s t r e a m s . Adopted Po l i c y P D A L- 7 . 2 Av o i d a d v e r s e i m p a c t s o n e c o l o g i c a l ly s e n s i t i v e h a b i t a t an d w i l d l i f e i n p l a n n i n g , c o n s t r u c t i o n , a n d ma i n t e n a n c e o f c r e e k c o r r i d o r p a t h s . Adopted Po l i c y P D A L- 7 . 3 Pr o t e c t n a t i v e a n d h e r i t a g e t r e e s t h a t m e e t t h e d e f i n i t i o n o f a “p r o t e c t e d t r e e ” u n d e r t h e C i t y ’ s Zo n i n g O r d i n a n c e . Adopted Po l i c y P D A L- 7 . 4 Pl a n t n a t i v e v e g e t a t i o n i n p a r k s , p u b l i c a r e a s , a n d c r e e k o p e n s p a c e c o r r i d o r s . Adopted Go a l P D A L- 8 En c o u r a g e n e w d e v e l o p m e n t t o i n c o r p o r at e s u s t a i n a b l e b u i l d i n g p r i n c i p l e s . Adopted Po l i c y P D A L- 8 . 1 Pr o m o t e s i t e a n d b u i l d i n g d e s i g n th a t i m p r o v e s e n e r g y e f f i c i e n c y b y d e s i g n i n g f o r n a t u r a l c o o l i n g an d p a s s i v e s o l a r h e a t i n g . T h i s c a n b e a c h i e v e d t h r o u g h t h e a dd i t i o n o f b u i l d i n g a n d s i t e de v e l o p m e n t f e a t u r e s s u c h a s e x t e n d e d e a v e s , wi n d o w o v e r h a n g s , a n d a w n i n g s ; t r e e p l a c e m e n t f o r na t u r a l c o o l i n g ; a n d o r i e n t a t i on o f b u i l d i n g s a n d w i n d o w s t o t a ke a d v a n t a g e o f p a s s i v e s o l a r he a t i n g . Adopted Po l i c y P D A L- 8 . 2 Su p p o r t t h e u s e o f g r e e n o r s u s t a i na b l e b u i l d i n g m a t e r i a l s , i n c l u d i n g re c y c l e d - c o n t e n t m a t e r i a l s t h a t ar e c o n s i s t e n t w i t h t h e s t y l e a n d c h a r a c t e r o f b u i l d i n g s . Adopted Po l i c y P D A L- 8 . 3 Ne w p r o j e c t d e v e l o p m e n t w i l l b e r e q u i r e d t o c o mp l y w i t h a p p l i c a b l e g r e e n h o u s e g a s r e d u c t i o n st r a t e g i e s i n t h e S o n o m a C o u n t y C l i m a t e A c t i on P l a n a n d t h e R o h n e r t P a r k G r e e n h o u s e G a s (G H G ) E m i s s i o n s R e d u c t i o n P l a n . Adopted Po l i c y P D A L- 8 . 4 Pr i o r t o o b t a i n i n g b u i l d i n g p e r m i t s , p r o j e c t s w i t h i n t h e P D A w i l l n e e d t o b e e v a l u a t e d a g a i n s t t h e Ba y A r e a A i r Q u a l i t y M a n a g e m e n t d i st r i c t ’ s t h r e s h o l d s o f s i g n i f ic a n c e f o r p r o j e c t - l e v e l i m p a c t s an d c o m p l y w i t h a p p l i c a b l e c o n t r o l m e a s u r e s in t h e B a y A r e a 2 0 1 0 C l e a n A i r P l a n . P o t e n t i a l l y si g n i f i c a n t G H G i m p a c t s w i l l n e e d t o be m i t i g a t e d t o a l e s s - t h a n - s i g ni f i c a n t l e v e l t h r o u g h a l t e r a t i o n of p r o j e c t d e t a i l s o r c o n s t r u c t i o n m e t h o d s . Adopted Pa g e 7 Ta b l e 4 – I m p l e m e n t a t i o n o f G r o w t h M a n a g e m e n t G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l GM - B Un d e r t a k e e f f o r t s t o f a c i li t a t e p r o v i s i o n o f h o u s i n g af f o r d a b l e t o l o w a n d v e r y l o w i n c o m e h o u s e h o l d b y ex e m p t i o n a f f o r d a b l e h o u s i n g f o r m a n y n u m e r i c a l “t r i g g e r c a p ” r e s t r i c t i o n s . On - g o i n g T h e C i t y ’ s g r o w t h m a n a g e m e n t o r d i n a n c e e x e m p t s af f o r d a b l e h o u s i n g u n i t s f r o m t r i g g e r c a p s . Go a l GM - C En s u r e t h a t g r o w t h i s p a c e d t o a c h i e v e G e n e r a l P l a n bu i l d o u t o v e r a 2 0 - y e a r p e ri o d , r e p r e s e n t i n g a n a n n u a l av e r a g e p o p u l a t i o n g r o w t h ra t e o f o n e p e r c e n t . On - g o i n g H o u s i n g c o n s t r u c t i o n r a te s a r e a v e r a g i n g l e s s t h a n 1 pe r c e n t p e r y e a r i n R o h n e r t P a r k . T h e C i t y h a s a “b a c k l o g ” o f b u i l d i n g p e rm i t s u n d e r i t s g r o w t h ma n a g e m e n t o r d i n a n c e a s a re s u l t o f n o n e w u n i t s co n s t r u c t e d b e t w e e n 2 0 0 0 t h r o u g h 2 0 1 3 . Go a l GM - F En s u r e a l l n e w d e v e l o p m e n t p r o v i d e s n e c e s s a r y p u b l i c fa c i l i t i e s t o s u p p o r t d e v e l o p m e n t . On - g o i n g I n 2 0 1 6 , t h e C i t y a p p r o v e d i m p r o v e m e n t p l a n s t o su p p o r t n e w d e v e l o p m e n t i n th e U n i v e r s i t y D i s t r i c t , So u t h e a s t a n d W i l f r e d D o w d e l l S p e c i f i c P l a n a r e a s . Th e s e i m p r o v e m e n t s a r e b e in g c o n s t r u c t i o n b y n e w de v e l o p m e n t a t n o c o s t t o t h e e x i s t i n g r e s i d e n t s . T h e Ci t y i s a l s o c o m p l e t i n g de v e l o p e r f u n d e d u t i l i t y , br i d g e a n d r o a d w a y i m p r o v e m e n t p r o j e c t s o n S n y d e r La n e t o s u p p o r t p l a n n e d g r o w t h . Go a l GM - H Mi n i m i z e i m p a c t s – p h y s i c a l , vi s u a l a n d f i s c a l – o f gr o w t h a n d a n n e x a t i o n on e x i s t i n g h o m e s a n d bu s i n e s s e s . On - g o i n g I n 2 0 1 6 t h e C i t y e s t a b l is h e d a C o m m u n i t y F a c i l i t i e s Di s t r i c t i n t h e S o u t h e a s t S p ec i f i c P l a n A r e a t o s u p p o r t th e c o s t o f s e r v i c e s f o r n e w r e s i d e n t s . T h e C i t y a l s o be g a n c o l l e c t i n g M a i n t e n a n c e Annuity Fund deposits fr o m b u i l d e r i n t h e U n i v e r s i t y D i s t r i c t t o s u p p o r t t h e co s t o f s e r v i c e f o r n e w r e s i d e n t s . Pa g e 8 Ta b l e 5 – I m p l e m e n t a t i o n o f U r b a n F o r m G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l CD - B Es t a b l i s h s t r o n g c o n n e c t i o n s b e t w e e n a d j a c e n t ne i g h b o r h o o d s a n d b e t w e e n n e i g h b o r h o o d s a n d ac t i v i t y c e n t e r s i n o r d e r t o e n c o u r a g e w a l k i n g a n d bi k i n g . On - g o i n g I n 2 0 1 6 , t h e C i t y a p p r o v e d p l a n s f o r t h e e x t e n s i o n o f th e H i n e b a u g h C r e e k b i k e w a y w i t h i n t h e U n i v e r s i t y Di s t r i c t p r o v i d i n g a s a f e w a y t o w a l k a n d b i k e be t w e e n e x i s t i n g n e i g h b o r h o o d s a n d t h i s n e w de v e l o p m e n t . Go a l CD - C Es t a b l i s h a n o p e n s p a c e n e t w o r k t h a t l i n k s r e s i d e n t i a l ne i g h b o r h o o d s , p a r k s a n d o p e n s p a c e a r e a s . On - g o i n g I n 2 0 1 6 , t h e C i t y a p p r o v e d p l a n s f o r t h e e x t e n s i o n o f th e H i n e b a u g h C r e e k b i k e w a y a n d T w i n C r e e k s Pa r k w i t h i n t h e U n i v e r s i ty D i s t r i c t , e n h a n c i n g t h e ex i s t i n g o p e n s p a c e n e t w o r k a n d p r o v i d i n g l i n k s be t w e e n e x i s t i n g n e i g h b o r h o o d s a n d t h i s n e w de v e l o p m e n t . Ta b l e 6 – N e w C o m m u n i t y D e s i g n G o a l s a dd e d i n 2 0 1 6 ( C e n t r a l R o h n e r t P a r k P D A ) Go a l o r P o l i c y Progress in 2016 Go a l P D A CD - 1 Su p p o r t i m p r o v e m e n t s t o t h e p e d e s t r i a n o r i e n t a t i o n o f t h e P D A Adopted Po l i c y P D A CD - 1 . 1 Es t a b l i s h a z e r o f o o t b u i l d i n g s e tb a c k t h a t a l l o w s b u i l d i n g s t o be l o c a t e d a t t h e b a c k o f t h e si d e w a l k f o r c o m m e r c i a l a r e a s i n t h e D o w n t o w n Di s t r i c t A m e n i t y Z o n e , a s i n d i c a t e d i n F i g u r e 6. 5 . Adopted Po l i c y P D A CD - 1 . 2 Su p p o r t p u b l i c r e a l m e n h a n c e m e n t s t h a t i m p r o v e b i ke a n d p e d e s t r i a n c o n n e c t i v i t y , c o m f o r t , a n d ac c e s s f r o m n e i g h b o r h o o d s a n d d e s t i n a t i o n s in t h e P D A t o t h e S M A R T r a i l s t a t i o n . Adopted Po l i c y P D A CD - 1 . 3 En c o u r a g e n e w d e v e l o p m e n t t o p r o v i d e p u b l i c p l az a s , g a t h e r i n g p l a c e s , a n d p e d e s t r i a n a m e n i t i e s th a t c o n t r i b u t e t o t h e c h a r a c t e r o f t h e s t r e e t a n d p u b l i c r e a l m . Adopted Pa g e 9 Po l i c y P D A CD - 1 . 4 Fo c u s p u b l i c a n d p r i v a t e i n v e s t m e n t s i n s i d e t h e D o w n t o w n D i s t r i c t A m e n i t y Z o n e t o c r e a t e a n ur b a n d o w n t o w n s t r e e t s c a p e a n d f ac i l i t a t e p e d e s t r i a n a n d b i c y c l e c r o s s i n g s o f R o h n e r t P a r k Ex p r e s s w a y ( R P X ) a n d S t a t e F a r m D r i v e . Adopted Go a l P D A CD - 2 Cr e a t e a c o n s i s t e n t c h a r a c t e r a n d i d e n t i t y f o r C e n t r a l R o h n e r t P a r k , i n d o w n t o w n a n d i t s su b a r e a s . Adopted Po l i c y P D A CD - 2 . 1 De v e l o p a s t r e e t s c a p e p a l e t t e , b a s e d o n r e c o m m en d a t i o n s i n S e c t i o n 6 . 2 . 2 , t h a t a c c e n t s t h e id e n t i t y f o r d o w n t o w n a n d e a c h o f th e s u b a r e a s a n d e n h a n c e s t h e c h a r a c t e r a n d r o l e o f t h e s t r e e t . Adopted Po l i c y P D A CD - 2 . 2 Pr o m o t e s u s t a i n a b l e d e v e l o p m e n t p r a c t i c e s t h a t r e s u l t i n m o r e e n e r g y a n d w a t e r e f f i c i e n t de v e l o p m e n t , r e s p o n s i v e t o t h e m i l d c l i m a t e c o n d i t i o n s i n t h e S o n o m a V a l l e y . Adopted Po l i c y P D A CD _ 2 . 3 Al l o w d i v e r s e b u i l d i n g t y p e s a n d s t y l e s t h a t a r e c o mp a t i b l e a n d c o n s i s t e n t w i t h t h e c h a r a c t e r o f de v e l o p m e n t i n S o n o m a C o u n t y . Adopted Go a l P D A CD - 3 En s u r e t h e q u a l i t y o f n e w d e v e l o p m e n t . Adopted Po l i c y P D A CD - 3 . 1 Us e h i g h q u a l i t y l a n d s c a p i n g a n d b u i l d i ng m a t e r i a l s a t t h e S M A R T s t a t i o n . Adopted Po l i c y P D A CD - 3 . 2 Su p p o r t h i g h q u a l i t y a r c h i t e c t u r e , s t r e e t s c a p e s , an d l a n d s c a p e d e s i g n f e a t u r es i n t h e D o w n t o w n Di s t r i c t . Adopted Pa g e 1 0 Ta b l e 7 – I m p l e m e n t a t i o n o f St r e e t S y s t e m G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l TR - B Ma i n t a i n h i g h l e v e l s o f m o b i l i t y a l o n g a l l m a j o r s t r e e t se g m e n t s a n d a t m a j o r i n t e r s e c t i o n s . On - g o i n g I n 2 0 1 6 , t h e C i t y c o m p l e te d a t r a f f i c s i g n a l m a s t e r pl a n a n d i n i t i a t e d a t r a f f i c fl o w i m p r o v e m e n t s t u d y t o en s u r e t h a t m o b i l i t y i s m a in t a i n e d d u r i n g g r o w t h . Go a l TR - C Bu i l d n e w r o a d s a n d i m p r o v e e x i s t i n g r o a d w a y s , wh e r e n e c e s s a r y , i n c o n j u n c t i o n w i t h n e w de v e l o p m e n t . On - g o i n g I n 2 0 1 6 , t h e C i t y s u b s t a n t i a l l y c o m p l e t e d t h e w i d e n i n g of S n y d e r L a n e t o s u p p o r t d e v e l o p m e n t i n t h e Un i v e r s i t y D i s t r i c t . R o a d w ay c o n s t r u c t i o n i s o n g o i n g on R o h n e r t P a r k E x p r e s s w a y n e a r t h e U n i v e r s i t y Di s t r i c t a n d w i t h i n t h e S t a d i u m L a n d s P l a n n e d De v e l o p m e n t A r e a t o c o n s t r u c t a n d e x p a n d r o a d w a y sy s t e m t o s u p p o r t p l a n n e d g r o w t h . Ta b l e 8 – I m p l e m e n t a t i o n o f T r a n sp o r t a t i o n D e m a n d G o a l i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l TR - 1 an d TR - 2 Es t a b l i s h L O S C a s t h e m i n i m u m s t a n d a r d f o r a l l ar t e r i a l a n d c o l l e c t o r r o a d w a y s e g m e n t s a n d in t e r s e c t i o n s . R e q u i r e m i t i g a t i o n m e a s u r e s , a s ne e d e d , f o r n e w d e v e l o p m e n t t h a t i n c r e a s e s t r a f f i c su c h t h a t L O S l e v e l s f a l l b e l o w t h e e s t a b l i s h e d mi n i m u m s t a n d a r d . On - g o i n g M i t i g a t i o n o f t r a f f i c im p a c t s i s r e q u i r e d o f n e w de v e l o p m e n t s t o m a i n t a i n a m i n i m u m l e v e l o f se r v i c e Go a l TR - 3 7 Pr o v i d e c o n t i n u o u s s i d e w a lk s a l o n g a l l e x i s t i n g a n d fu t u r e s t r e e t s . On - g o i n g I n s t a l l a t i o n o f s i d e wa l k s o n e x i s t i n g s t r e e t s a r e re q u i r e d f o r a n y n e w d e v e l o p m e n t . A l l n e w s t r e e t co n s t r u c t i o n r e q u i r e s t h e i n st a l l a t i o n o f s i d e w a l k s . Go a l TR - 4 3 Es t a b l i s h r e q u i r e m e n t s f o r b i c y c l e p a r k i n g a s p a r t o f th e Z o n i n g O r d i n a n c e u p d a t e . E n s u r e t h a t s e c u r e bi c y c l e p a r k i n g i s p r o v i d e d i n c o n j u n c t i o n w i t h n e w de v e l o p m e n t . On - g o i n g Al l n e w c o m m e r c i a l a n d i n d u s t r i a l d e v e l o p m e n t re q u i r e s t h e i n s t a l l a t i o n o f b i cy c l e p a r k i n g f a c i l i t i e s . Ne w p r o j e c t e n t i t l e m e n t s in c l u d e c o n d i t i o n s o f ap p r o v a l t o r e q u i r e t h e i n s t a l l a t i o n . Pa g e 1 1 Ta b l e 9 – N e w C i r c u l a t i o n a n d C o n n e c t i v i t y G oa l s a d d e d i n 2 0 1 6 ( C e n t r a l R o h n e r t P a r k P D A ) Go a l o r P o l i c y Progress in 2016 Go a l P D A C- 1 Ba l a n c e t h e n e e d o f a r t e r i a l a n d co l l e c t o r r o a d w a y s t o e f f i c i e n t l y ca r r y t r a f f i c , w i t h e s t a b l i s h i n g Ce n t r a l R o h n e r t P a r k a s a w a l k a b l e , b i k a b l e c o m m u n it y , w i t h p e d e s t r i a n - o r i e n te d s t r e e t s , c e n t e r s , an d m i x e d - u s e s u b a r e a s . Adopted Po l i c y P D A C- 1 . 1 Im p l e m e n t r e c o m m e n d e d i n t e r s e c t i o n im p r o v e m e n t s i d e n t i f i e d i n T a b l e 5 . 1 Adopted Po l i c y P D A C- 1 . 2 To s u p p o r t s a f e b i k e a n d p e d e s t r i a n a c c e s s t o t h e S M A R T s t a t i o n a n d w h e r e a p e d e s t r i a n - f r i e n d l y to w n c e n t e r a t m o s p h e r e i s d e s i r e d w i t h i n a n d i n t h e v i c i n i t y o f t h e C i t y C e nt e r a n d S t a t i o n C e n t e r su b a r e a s , a l l o w f o r l o w e r l e v e l o f s e r v i c e ( L O S ) s t an d a r d s ( t h a n L O S C ) , c a l l e d f o r i n G e n e r a l P l a n po l i c y T R - I , f o r t h e f o l l o w i n g a r t e r i al a n d c o l l e c t o r r o a d w a y i n t e r s e c t i o n s w i t h i n t h e P D A , w h e r e no o t h e r f e a s i b l e i m p r o v e m e n t s e x i s t t o i m p r o v e th e L O S : a t t h e i n t e r s e c t i o n o f R o h n e r t P a r k Ex p r e s s w a y ( R P X ) a n d C o m m e r c e B o u l e v a r d ( a l r ea d y o p e r a t i n g a t L O S D d u r i n g P M p e a k h o u r s , un d e r e x i s t i n g c o n d i t i o n s ) ; a t t h e in t e r s e c t i o n o f R o h n e r t P a r k E xp r e s s w a y a n d S t a t e F a r m D r i v e (a l r e a d y o p e r a t i n g a t L O S D d u r i n g P M p e a k h o u r s , u n d e r e x i s t i n g c o n d i t i o n s ) ; a t t h e i n t e r s e c t i o n of C o m m e r c e B o u l e v a r d a n d S t a t e F a rm D r i v e ; a n d a t t h e i n t e r s e c t i on o f E n t e r p r i s e D r i v e a n d S t a t e Fa r m D r i v e . Adopted Po l i c y P D A C- 1 . 3 Re c o g n i z e t h a t f u t u r e d e v e l o p m e n t o f t h e P D A P l an w i l l c o n t r i b u t e t o un a c c e p t a b l e o p e r a t i o n o n U. S . 1 0 1 . T h e t y p e o f t r a n s i t - s u p p o r t i v e , p e d e s t r i an - o r i e n t e d d e v e l o p m e n t pa t t e r n e n v i s i o n e d b y t h e Pl a n p l a y s a n i m p o r t a n t r o l e i n r e d u c i n g r e gi o n a l t r a f f i c i m p a c t s t h r o u g h s m a r t g r o w t h . Adopted Go a l P D A C- 2 De s i g n s t r e e t s t h a t i n t e g r a t e w a l k i n g , b i k i ng , t r a n s i t u s e , a n d g r ee n i n f r a s t r u c t u r e . Adopted Po l i c y P D A C- 2 . 1 Re t r o f i t e x i s t i n g s t r e e t s a s c o m p l e t e s t r e e t s , i n ad d i t i o n t o p r o v i d i n g v e h i cu l a r a c c e s s t h a t s u p p o r t s sa f e a n d c o n t i n u o u s b i k e a n d p e d e s t r i a n fa c i l i t i e s a n d l a n d s c a p e i m p r o v e m e n t s . Adopted Po l i c y P D A C- 2 . 2 As r e c o m m e n d e d i n t h e s t r e e t s e c t i o n s i n S e c t i on 5 . 3 o f t h i s P l a n , r e t r o f i t o r d e s i g n n e w r o a d w a y s an d / o r l a n d s c a p e r i g h t - o f - w a y s to i n c o r p o r a t e l o w i m p a c t d e ve l o p m e n t f e a t u r e s s u c h a s , St o r m w a t e r m a n a g e m e n t c u r b e x t e n s i o n s , i n f i l t ra t i o n p l a n t e r s , b i o s w a l e s, a n d o t h e r s i m i l a r me a s u r e s . Adopted Go a l P D A C- 3 Co n n e c t C e n t r a l R o h n e r t P a r k t o t h e e x i s t i n g r o a d w a y, b i k e , a n d p e d e s t r i a n n e t w o r k s i n t h e C i t y . Adopted Pa g e 1 2 Po l i c y P D A C- 3 . 1 Ex p a n d b i k e a n d p e d e s t r i a n c on n e c t i o n w i t h i n t h e P D A , i n c l ud i n g c o n n e c t i o n s t o t h e S M A R T st a t i o n a n d m u l t i - u s e p a t h t h r o u g h : o f f - s t r e e t b i c y c l e/ p e d e s t r i a n t r a i l i m p r o v e m e n t s , o n - s t r e e t b i k e fa c i l i t y i m p r o v e m e n t s , a n d p e d e s t r i a n f a c i l i t y i m p r o v e m e n t s . Adopted Po l i c y P D A C- 3 . 2 Im p r o v e a t - g r a d e s t r e e t c r o s s i n g s f o r i n t e r s e c t i o n t h r o u g h o u t t h e P D A , p a r t i c u l a r l y a t b u s y t r a f f i c in t e r s e c t i o n s , t h a t w i l l s u pp o r t a c t i v e o r h i g h v o l u m e b i k e o r p e d e st r i a n u s e , a s s u g g e s t e d i n F i g u r e 5. 1 3 . Adopted Po l i c y P D A C- 3 . 3 Es t a b l i s h m i d b l o c k c r o s s i n g s o n : R o h n e r t P a r k E x p r e s s w a y , a t t h e S M A R T M U P a n d a s a pe d e s t r i a n l i n k b e t w e e n t h e C i t y C e n t e r a n d S t a ti o n C e n t e r s u b a r e a s , a t L y n n e C o n d e W a y , w i t h pe d e s t r i a n r e f u g e s i n t h e m e d i a n a n d t h e p o t e n t i a l f o r a p e d e s t r i a n h y b r i d b e a c o n o f H A W K s i g n a l , co o r d i n a t e d w i t h t h e t i m i n g o f si g n a l s a l o n g R P X , S M A R T r a i l g a t e o p e r a t i o n s , a n d f i r e s t a t i o n em e r g e n c y s i g n a l s ; a n d E n t e r p r i s e D r i v e t o c o n n ec t w i t h e x i s t i n g t r a i l l i n k s o r g r e e n w a y s t o Co p e l a n d C r e e k . T h i s c r o s s i n g s h o u l d b e c o o r d i n a t e d wi t h f u t u r e r o a d w a y n e t w o r k s i n t h e S t a t i o n Ce n t e r s u b a r e a a n d d e s i g n e d w i t h b u l b - o u t s , a me d i a n r e f u g e , h i g h v i s i bi l i t y m a r k i n g , a n d i f ne e d e d a p e d e s t r i a n s i g n a l . Adopted Po l i c y P D A C- 3 . 4 Co n s i d e r t h e f e a s i b i l i t y o f g r a d e s e p a r a t e d p e d e st r i a n c r o s s i n g s a t t h e f o l l o w i n g l o c a t i o n s , a s in d i c a t e d i n F i g u r e 5 . 1 : p r o v i d e a n u n d e r c r o s s i n g o f t h e g r e e n w a y t r ai l a l o n g t h e s o u t h e r n s i d e o f Hi n e b a u g h C r e e k a t t h e S M A R T r a i l t r a c k s t o c o n n ec t t h e P D A t o t h e S M A R T m u l t i - u s e p a t h a n d ne i g h b o r h o o d s e a s t o f t h e P D A ; e x a m in e t h e f e a s i b i l i t y a n d l o c a t i o n fo r a n o v e r c r o s s i n g o f R o h n e r t Pa r k E x p r e s s w a y t o i m p r o v e a c c e s s t o t h e S M A R T st a t i o n a n d c o n n e c t t h e C it y C e n t e r a n d S t a t i o n Ce n t e r s u b a r e a s ; a n d c o n s i d e r t h e fu t u r e f e a s i b i l i t y o f a n o v e r c r o ss i n g o r u n d e r c r o s s i n g o f U . S . 1 0 1 al o n g H i n e b a u g h C r e e k . Adopted Go a l P D A C- 4 Co o r d i n a t e t r a n s i t i m p r o v e m e n t s t o c o n n e c t t h e SM A R T r a i l s t a t i o n t o s u r r o u n d i n g l a n d u s e s , P D A su b a r e a s , a n d r e s i d e n t i a l c o m m u n i t i e s . Adopted Po l i c y P D A C- 4 . 1 Pl a n f o r i m p r o v e m e n t s t o e x i s t i n g b u s s e r v i c e s o r ot h e r f u t u r e c i r c u l a t i o n m o d e s w i t h i n t h e P D A t o co o r d i n a t e w i t h S M A R T r a i l s e rv i c e t o m e e t t h e t r a n s p o r t a t i o n d e m a n d s i n R o h n e r t P a r k , in c l u d i n g ; c o o r d i n a t e w i t h t h e S o n o m a C o u n t y T r a n s i t a n d t h e pr o p e r t y o w n e r s f o r t h e S t a t i o n Ce n t e r s u b a r e a t o p l a n f o r e x p a n s i o n o f e x i s t i n g b u s t r a n s i t l i n e s a n d f a c i l i t i e s t o s e r v e t h e S M A R T ra i l s t a t i o n a n d a d j a c e n t S t a t i o n C e n t e r s u b a r e a , a s s h o w n i n F i g u r e 5 . 1 4 ; w o r k w i t h t h e S o n o m a Co u n t y T r a n s i t , S M A R T , a n d p r i v a t e p r o p e r t y o w n e rs i n t h e P D A t o e n s u r e s a f e a n d c o n v e n i e n t ac c e s s t o b i k e a n d p e d e s t r i a n f a c i l i ti e s t h a t s u p p o r t t r a n s i t u s e a n d n e ed s o f c y c l i s t s a n d p e d e s t r i a n s , wh o m a y c h o o s e t o c o n t i n u e t h e i r j o u r n e y i n R o h n e r t P a r k b y b i c y c l e o r f o o t ; a n d a s t r a n s i t d e m a n d wa r r a n t s , p l a n f o r d e v e l o p m e n t o f a c o m m u n i t y c i r c u l at o r s u c h a s a s h u t t l e s e r v i c e t h a t t r a v e l s t o Adopted Pa g e 1 3 ke y d e s t i n a t i o n s i n t h e c o m m u n i t y , i n c l u d i n g S o n o ma S t a t e U n i v e r s i t y a n d t h e G r a t o n R a n c h e r i a Ca s i n o . Go a l P D A C- 5 En s u r e a p p r o p r i a t e l e v e l s o f p a r k i n g , a s s o c i a t e d w i t h n e w d e v e l o p m e n t . Adopted Po l i c y P D A C- 5 . 1 Pr o v i d e p a r k i n g i n t h e P D A a t t h e pa r k i n g r a t i o s s h o w n i n T a b l e 5 - 2 . Adopted Po l i c y P D A C- 5 . 2 En c o u r a g e u s e o f s h a r e d p a r k i n g f a c i l i t i e s w it h i n m u l t i - t e n a n t b u i l d i n g s a n d b e t w e e n a d j a c e n t pr i v a t e d e v e l o p m e n t s , p a r t i c u l a r l y o n l a r g e r d e ve l o p m e n t s i t e s . U s e l e f t o v e r s p a c e s f o r l a n d s c a p e im p r o v e m e n t s a n d t o p r o v i d e ot h e r c o m m u n i t y f a c i l i t i e s . Adopted Po l i c y P D A C- 5 . 3 To t h e e x t e n t f e a s i b l e , e n c o u r a g e p r i v a t e p a r k i ng e n t i t i e s t o a l l o w p u b l i c p a r k i n g a f t e r t y p i c a l bu s i n e s s h o u r s . Adopted Po l i c y P D A C- 5 . 4 Fa c i l i t a t e a “ p a r k o n c e ” s t r a t e g y i n t h e P D A b y i m p l e m e n t i n g p e d e s t r i an c o n n e c t i v i t y s t r a t e g i e s a n d pr o m o t i n g t h e d e v e l o p m e n t o f a p a r k i n g d i s t r i c t a nd c o m m o n p a r k i n g l o t s o r s t r u c t u r e s w i t h i n t h e St a t i o n C e n t e r a n d C i t y C e n t e r s ub a r e a s , a s p a r k i ng d e m a n d w a r r a n t s . Adopted Po l i c y P D A C- 5 . 5 De v e l o p a p a r k i n g m a n a g e m e n t p l a n t o c o n s i d e r l on g - r a n g e p a r k i n g s t r a t e g i e s t h a t m a y b e n e e d e d to s u p p o r t a “ p a r k o n c e ” s t r a t e gy i n t h e P D A l o n g - t e r m . A s p a r t o f t h i s P l a n , c o n s i d e r im p l e m e n t a t i o n o f p r o g r a m s t h a t s u p p o r t f l e x i b i l i t y in m e e t i n g t h e C i t y ’ s pa r k i n g n e e d s i n c l u d i n g th r o u g h : I n - l i e u f e e s ; m e t e r e d o r pa i d p a r k i n g ; u n b u n d l e d p a r k i n g ; of f - s i t e p a r k i n g s t r a t e g i e s ; a n d wa y f i n d i n g a n d o t h e r n e c e s s a r y p u b l i c a n d p r i v a t e im p r o v e m e n t s , r e l e v a n t t o t h e c o n d i t i o n s a n d is s u e s i n t h e P D A . Adopted Po l i c y P D A C- 5 . 6 En c o u r a g e c a r s h a r e o r b i k e s h a r e p r o g r a m s w i t h i n t h e P D A t h r o u g h p a r t n e r s h i p w i t h c a r s h a r i n g o r bi k e s h a r i n g e n t i t i e s . Adopted Pa g e 1 4 Ta b l e 1 0 – I m p l e m e n t a t i o n o f O p e n S p a c e G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l OS - D Ma i n t a i n a n d e n h a n c e t h e P e t a l u m a H i l l R o a d S c e n i c co r r i d o r . On - g o i n g D e v e l o p m e n t a l o n g t h e e a s t s i d e o f P e t a l u m a H i l l Ro a d w i l l b e d e s i g n e d t o p r o t ec t t h e v i e w o f t h e h i l l s to t h e e a s t f r o m t h e r o a d w a y . S o n o m a M o u n t a i n Vi l l a g e , S o u t h e a s t S p e c i f i c P l a n a n d U n i v e r s i t y Di s t r i c t S p e c i f i c P l a n a r e a l so d e s i g n e d t o c r e a t e vi e w c o r r i d o r s o f t h e h i l l s t o t h e e a s t . CEQA do c u m e n t s f o r d e v e l o p m e n t p r o j e c t s r e q u i r e co n s i d e r a t i o n o f t h e i m pa c t o f a d e v e l o p m e n t o n sc e n i c v i e w s . Go a l OS - E Ma i n t a i n p u b l i c l y o w n e d op e n s p a c e a r e a s i n t h e i r na t u r a l s t a t e ; p r o v i d e p u b l i c a c c e s s i n a m a n n e r t h a t i s co m p a t i b l e w i t h t h e c o n s e r v a t i o n o f h a b i t a t . On - g o i n g I n 2 0 1 6 , a n u m b e r o f t h e c r ee k s i n R o h n e r t P a r k w e r e cl e a r e d o f r u b b i s h a n d o v e r g r o w n v e g e t a t i o n t o en h a n c e t h e i r a p p e a r a n c e a n d i m p r o v e t h e f l o w o f ru n o f f d u r i n g w i n t e r s t o r m s . S o m e o f t h e p a v e d t r a i l s al o n g t h e t o p o f c r e e k b a n k w e r e a l s o i m p r o v e d . Go a l OS - G De v e l o p a d d i t i o n a l p a r k l a n d i n t h e C i t y t o m e e t t h e st a n d a r d s o f r e q u i r e d p a r k ac r e a g e f o r n e w r e s i d e n t s . On - g o i n g T h e R e s i d e n c e s a t F i ve C r e e k p r o j e c t w a s a p p r o v e d in 2 0 1 6 a n d i n c l u d e s a 0 . 6 5 a c r e p a r k t o p r o v i d e a sm a l l p a r k p r o x i m a t e t o t h e n e w a p a r t m e n t co m p l e x e s b u i l t i n t h a t a r e a o f t h e c o m m u n i t y . Go a l OS - 7 Us e c r e e k p r o t e c t i o n z o n e s f o r p e r m a n e n t p u b l i c o p e n sp a c e a n d c o m p a t i b l e p u r p o s e s i n c l u d i n g h a b i t a t co n s e r v a t i o n , b i k e a n d w a l k i ng p a t h s , w i l d l i f e h a b i t a t , an d n a t i v e p l a n t l a n d s c a p i n g . On - g o i n g I n 2 0 1 6 , n e w d e v e l o p m e n t s h a v e b e e n r e q u i r e d t o in c l u d e t h e a r e a i n a n d a r ou n d c r e e k s a s o p e n s p a c e an d a s p a r t o f t h e r e g i o n a l t r a i l s y s t e m . Pa g e 1 5 Ta b l e 1 1 – I m p l e m e n t a t i o n o f W a s t e w a t e r G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l PF - 7 Co n t i n u e p a r t i c i p a t i o n i n t h e p l a n n i n g , f i n a n c i n g a n d co n s t r u c t i o n o f w a s t e w a t e r t r e a t m e n t c a p a c i t y ex p a n s i o n s o f t h e S u b r e g i on a l W a s t e w a t e r D i s p o s a l Sy s t e m . E x p l o r e o p p o r t un i t i e s f o r i n c r e a s i n g re c l a i m e d w a t e r u s e a n d d e c r e a s i n g p o t a b l e w a t e r de m a n d . On - g o i n g P a r t i c i p a t i o n i n r e gi o n a l c o o r d i n a t i o n m e e t i n g s . Go a l PF - P Re q u i r e d e v e l o p e r s t o i n s t a l l o r p a y f o r n e w s e w e r li n e s a n d o t h e r s e w e r i m p r o v e m e n t s n e e d e d t o ac c o m m o d a t e n e w d e v e l o p m e n t . On - g o i n g N e w d e v e l o p m e n t s a r e r e q u i r e d t o p r o v i d e a n d p a y fo r t h e n e c e s s a r y i n f r a s t r u c t u r e i n c l u d i n g u p g r a d i n g ex i s t i n g s e w e r a n d w a s t e w a t e r s y s t e m s o r t h e in s t a l l a t i o n o f n e w s y s t e m s . P a y m e n t i n t o t h e P u b l i c Fa c i l i t i e s F i n a n c i n g P l a n a d d r e s s e s t h e in f r a s t r u c t u r e a n d s e r v i c e ne e d s a s s o c i a t e d w i t h Ge n e r a l P l a n b u i l d o u t . Pa g e 1 6 Ta b l e 1 2 – I m p l e m e n t a t i o n o f W a t e r S u p p l y a n d C o n s e r v a t i o n G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l PF - E Pr o v i d e s u f f i c i e n t q u a n t i t i e s o f w a t e r f o r R o h n e r t P a r k re s i d e n t s a n d b u s i n e s s e s , wh i l e e n s u r i n g t h a t s a f e gr o u n d w a t e r y i e l d i s n o t e x c e e d e d . On - g o i n g I n 2 0 1 6 , t h e C i t y a d o p t e d t h e m o s t r e c e n t v e r s i o n o f it s U r b a n W a t e r M a n a g e m e n t P l a n , d o c u m e n t i n g bo t h a d e q u a t e w a t e r s u p p l y a n d s u s t a i n a b l e gr o u n d w a t e r p u m p i n g r a t e s . Go a l PF - G Co n t i n u e t o e n c o u r a g e w a t e r c o n s e r v a t i o n t h r o u g h t h e us e o f r e c l a i m e d w a t e r an d r e d u c t i o n o f w a t e r co n s u m p t i o n a n d d i s c h a r g e , f o r b o t h e x i s t i n g a n d n e w de v e l o p m e n t . On - g o i n g A l l n e w d e v e l o p m e n t r e q u i r e s w a t e r c o n s e r v i n g de v i c e s a n d w h e r e f e a s i b l e , c o n n e c t i n g i r r i g a t i o n sy s t e m s t o r e c y c l e d w a t e r . Go a l PF - H En s u r e t h a t g r o u n d w a t e r w it h d r a w a l d o e s n o t e x c e e d sa f e y i e l d . On - g o i n g T h e C i t y m o n i t o r s a n d m a n a g e s i t s g r o u n d w a t e r u s e an d g r o u n d w a t e r l e v e l s a r e r i s i n g u n d e r R o h n e r t Pa r k . T h e C i t y i s p a r t i c i pa t i n g t h e f o r m a t i o n o f a lo c a l g r o u n d w a t e r m a n a g e m e n t a g e n c y t o c o m p l y wi t h s t a t e l a w a n d b e t t e r m a n a g e r e g i o n a l gr o u n d w a t e r u s e . Ta b l e 1 3 - N e w U t i l i t i e s a n d C o m m u n i t y S e r v i c e s G o al s a d d e d i n 2 0 1 6 ( C e n t r a l R o h n e r t P a r k P D A ) Go a l o r P o l i c y Progress in 2016 Go a l P D A U- 1 An t i c i p a t e a n d p l a n f o r u t i l i t y i m p r o v e m e n t s , i n cl u d i n g w a t e r , w a s t e w a t e r , r e c y c l e d w a t e r , a n d st o r m d r a i n a g e d e m a n d s o f de v e l o p m e n t i n t h e P D A . Adopted Po l i c y P D A U- 1 . 1 En s u r e t h a t a d e q u a t e w a t e r s u p p l y i s a v a i l a b l e to s e r v e e x i s t i n g a n d n e w de v e l o p m e n t p r o j e c t e d i n th e P D A . Adopted Po l i c y P D A U- 1 . 2 En s u r e t h a t w a t e r i n f r a s t r u c t u r e f a c i l i t i e s a r e i n p l a c e b e f o r e p r o j e c t d e v e l o p m e n t . Adopted Po l i c y P D A U- 1 . 3 Re q u i r e n e w d e v e l o p m e n t i n t h e P D A t o i n s t a l l w a te r - s a v i n g d e v i c e s , c o n s i s t e nt w i t h t h e C a l i f o r n i a Gr e e n B u i l d i n g S t a n d a r d s C o d e a n d i m p l e m e n t b e s t ma n a g e m e n t p r a c t i c e s a s o u t l i n e d i n t h e C i t y ’ s wa t e r c o n s e r v a t i o n p r o g r a m . Adopted Pa g e 1 7 Po l i c y P D A U- 1 . 4 Ma i n t a i n e x i t i n g l e v e l s o f w a s t e w at e r s e r v i c e a n d e n s u r e t h a t s e w e r c a p a c i t y i s a v a i l a b l e t o s e r v e ex i s t i n g a n d n e w d e v e l o p m e n t p r o j e c t e d i n t h e P D A . Adopted Po l i c y P D A U- 1 . 5 En s u r e t h a t s e w e r i n f r a s t r u c tu r e f a c i l i t i e s a r e i n p l a c e b e fo r e p r o j e c t d e v e l o p m e n t . Adopted Po l i c y P D A U- 1 . 6 Re q u i r e n e w d e v e l o p m e n t a n d c a p i t a l i m p r o v e m e nt p r o j e c t s t o r e d u c e p o l l u t i o n a n d r u n o f f af f e c t i n g c r e e k s i n t h e P D A b y f o l l o w i n g t h e a d o p t e d Lo w I m p a c t D e v e l o p m e n t T e c h n i c a l D e s i g n Ma n u a l . Adopted Po l i c y P D A U- 1 . 7 Re q u i r e n e w d e v e l o p m e n t t o u p g r a d e o r i n s t a l l s t o r m dr a i n a g e f a c i l i t i e s , i n c l ud i n g o n - s i t e f a c i l i t i e s , as n e e d e d t o s e r v e t h e p r o j e c t . Im p r o v e m e n t s s h a l l b e d e s i g n e d t o be c o n s i s t e n t w i t h t h e C i t y ’ s st o r m d r a i n s t a n d a r d s , i n c l u d i n g t h e Lo w I m p a c t D e v e l o p m e n t T e c h n i c a l D e s i g n M a n u a l . Adopted Po l i c y P D A U- 1 . 8 En s u r e s o l i d w a s t e d i s p o s a l n e e d s o f e x i s t i n g a nd n e w d e v e l o p m e n t p r o j e c t e d i n t h e P D A c a n b e me t b y t h e c i t y ’ s s o l i d w a s t e d i s p o s a l s e r v i c e s . Adopted Go a l P D A U- 2 To e n s u r e t h e p u b l i c ’ s s a f e t y, r e s t r i c t g r o u n d w a t e r u s e a t kn o w n c o n t a m i n a t i o n s i t e s . Adopted Po l i c y P D A U- 1 . 9 Ne w g r o u n d w a t e r w e l l s i n t e n d e d f o r p o t a b l e u s e o r f o r n o n - p o t a b l e l a n d s c a p e i r r i g a ti o n s h a l l n o t be p e r m i t t e d a t a n y o f t h e s i t e s w i t h i n t h e P D A w h e r e c o n t a m i n a t e d g r o u n d w a t e r p l u m e s a r e pr e s e n t . Adopted Go a l P D A CS - 1 Pr o v i d e r e c r e a t i o n a l a n d c u l t u r a l f a c i l i t i es s e r v i n g r e s i d e n t s a n d v i s i t o r s . Adopted Po l i c y P D A CS - 1 . 1 Co n d i t i o n n e w d e v e l o p m e n t t o p r o v i d e p a r k a n d o p e n s p a c e f a c i l i t i e s , i n a c c o rd a n c e w i t h p a r k l a n d re q u i r e m e n t s i n t h e C i t y ’ s G e n e r a l P l a n , o r p r o v id e a n i n - l i e u f e e t o s u p p o r t d e v e l o p m e n t o f n e w pa r k a n d o p e n s p a c e f a c i l i t i e s . Adopted Po l i c y P D A CS - 1 . 2 Al l o w d e v e l o p m e n t t h a t p r o v i d e s a d d i t i o n a l co m m u n i t y a m e n i t i e s a n d c o m p l i e s w i t h P D A st a n d a r d s t o d e n s i t y b o n u s i n c e n t i v e s . Adopted Po l i c y P D A CS - 1 . 3 Us e t h e C i t y ’ s C a p i t a l I m p r o v e m e n t P r o g r a m , P u b l i c F a c i l i t i e s F e e P r o g r a m , fe d e r a l a n d s t a t e g r a n t fu n d s , a n d o t h e r f u n d i n g s o u r c e s t o i m p l e m e n t co m m u n i t y - w i d e o r a r e a - w i d e i m p r o v e m e n t s t h a t ca n n o t b e c o n d i t i o n e d a s p a r t o f p r i v a t e d e v e l o p m e n t p r o j e c t s . Adopted Po l i c y P D A CS - 1 . 4 Ut i l i z e b u s i n e s s i m p r o v e m e n t d i s t r i c t s o r o t h e r t y p e s o f l a n d - s e c u r e d f i n a n c i n g d i s t r i c t s t o p r o v i d e a l o n g - t e r m r e v e n u e s o u r c e f o r m a i n t a i n i n g P D A a m e n i t i e s . Adopted Pa g e 1 8 Ta b l e 1 4 – I m p l e m e n t a t i o n o f H i s t o r i c a nd A r c h a e o l o g i c a l R e s o u r c e s G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l EC - A Co n s e r v e h i s t o r i c a n d a r c h a e o l o g i c a l r e s o u r c e s f o r t h e ae s t h e t i c , e d u c a t i o n a l , e c o n o m i c a n d s c i e n t i f i c co n t r i b u t i o n t h e y m a k e t o R o h n e r t P a r k ’ s i d e n t i t y a n d qu a l i t y o f l i f e . On - g o i n g N e w d e v e l o p m e n t a p p r o v a l m u s t c o n f o r m t o t h e Ca l i f o r n i a E n v i r o n m e n t a l Q u a l i t y A c t ( C E Q A ) . Un d e r C E Q A , a r c h a e o l o g i c a l r e s o u r c e s m u s t b e mi t i g a t e d i f f o u n d i n t h e d e v e l o p m e n t s i t e . Ta b l e 1 5 – I m p l e m e n t a t i o n o f H a b i t a t a n d B i o l o g i c a l R e s o u r c e s G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l EC - C Pr o t e c t s e n s i t i v e h a b i t a t a r e a s a n d w e t l a n d s i n t h e fo l l o w i n g o r d e r o f p r o t e c t i o n p r e f e r e n c e : 1 ) av o i d a n c e , 2 ) o n - s i t e m i t i g a t i o n , 3 ) o f f - s i t e mi t i g a t i o n . On - g o i n g T h e C i t y r e g u l a r l y i m p l e m e n t s t h e s e p o l i c i e s th r o u g h t h e C a l i f o r n i a E n v i r o n m e n t a l Q u a l i t y A c t re v i e w f o r a n y p r o j e c t . Go a l EC - D Ma i n t a i n e x i s t i n g n a t i v e ve g e t a t i o n a n d e n c o u r a g e pl a n t i n g o f n a t i v e p l a n t s a n d t r e e s . On - g o i n g A T r e e P r e s e r v a t i o n O r d i n a n c e b e c a m e p a r t o f t h e Zo n i n g O r d i n a n c e i n 2 0 0 7 . T h e O r d i n a n c e r e q u i r e s a t r e e r e m o v a l p e r m i t t o r e m o v e a n y t r e e . N a t i v e tr e e s a r e r e q u i r e d t o b e i n c l u d e d i n n e w l a n d s c a p e pl a n s f o r p r i v a t e d e v e l o p m e n t p r o j e c t s a n d f o r pu b l i c i m p r o v e m e n t s . I n 20 1 6 , t h e C i t y u n d e r t o o k a pr o j e c t t o r e p l a n t n a t i ve v e g e t a t i o n i n C o p e l a n d Cr e e k . Pa g e 1 9 Ta b l e 1 6 – I m p l e m e n t a t i o n o f W a t e r Q u a l i t y G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l EC - F En h a n c e t h e q u a l i t y o f s u r f a c e a n d g r o u n d w a t e r re s o u r c e s a n d p r e v e n t t h e i r c o n t a m i n a t i o n . On - g o i n g T h e C i t y p a r t i c i p a t e s in a r e g u l a r w o r k i n g g r o u p ho s t e d b y t h e w a t e r b o a r d t o co o r d i n a t e a c t i v i t i e s o n ma i n t a i n i n g a n d i m p r o v i n g w a t e r q u a l i t y . Go a l EC - G Un d e r t a k e s t e p s t o m i n i m i z e t h e d e p l e t i o n o f gr o u n d w a t e r r e s o u r c e s . On - g o i n g T h e C i t y h a s a n a d o p t ed g r o u n d p o l i c y r e s o l u t i o n th a t l i m i t s g r o u n d w a t e r p u m p i n g t o 2 , 5 7 7 a c r e - f e e t pe r y e a r . T h e C i t y m a n a g e s it s p u m p i n g t o t h i s l e v e l an d m o n i t o r s g r o u n d w a t e r l e v e l s ( l e v e l s h a v e b e e n ri s i n g s i n c e 2 0 0 6 ) . T h e C i t y i s c u r r e n t l y w o r k i n g wi t h r e g i o n a l s t a k e h o l d e rs t o f o r m a G r o u n d w a t e r Su s t a i n a b i l i t y A g e n c y h a s r e q u i r e d b y s t a t e l a w . Go a l EC - I En s u r e t h a t t h e C i t y ’ s d r i n k i n g w a t e r c o n t i n u e s t o me e t o r e x c e e d w a t e r q u a l i t y s t a n d a r d s . On - g o i n g T h e C i t y m o n i t o r s a n d ma i n t a i n s i t s w a t e r s y s t e m an d r e g u l a r l y e x c e e d s t a t e a n d f e d e r a l w a t e r q u a l i t y st a n d a r d s . Pa g e 2 0 Ta b l e 1 7 – I m p l e m e n t a t i o n o f Ai r Q u a l i t y G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l E C - K Co n t i n u e t o w o r k t o w a r d i m p r o v i n g a i r q u a l i t y an d m e e t i n g a l l f e d e r a l a n d s t a t e a m b i e n t a i r qu a l i t y s t a n d a r d s b y r e d u c i n g t h e g e n e r a t i o n o f ai r p o l l u t a n t f r o m b o t h s t a t i o n a r y a n d m o b i l e so u r c e s , w h e r e f e a s i b l e . On - g o i n g I n 2 0 1 6 , t h e C i t y w o r k e d w i t h t h e R e g i o n a l C l i m a t e Pr o t e c t i o n A g e n c y ( R P C A ) t o d e v e l o p t h e R e g i o n a l Cl i m a t e A c t i o n P l a n t h a t i n c l u d e s a s u i t e o f st r a t e g i e s f o r r e d u c i n g em i s s i o n s a n d g r e e n h o u s e ga s e s a n d i m p r o v i n g a i r q u a l i t y . W h i l e t h i s p l a n i s cu r r e n t l y t h e s u b j e c t o f a l e g a l c h a l l e n g e , t h e C i t y co n t i n u e s t o u s e t h e s t r a t e g i e s , a n a l y s e s a n d mi t i g a t i o n m e a s u r e s d e v e l op e d i n t h e p l a n t o w o r k to w a r d i m p r o v i n g a i r q u a l i t y . Go a l E C - L En c o u r a g e l a n d u s e a n d t r an s p o r t a t i o n s t r a t e g i e s th a t p r o m o t e u s e o f a l t e r n a t i v e s t o t h e a u t o m o b i l e fo r t r a n s p o r t a t i o n i n c l u d i ng b i c y c l i n g , b u s t r a n s i t an d c a r p o o l i n g . On - g o i n g I n 2 0 1 6 , t h e C i t y w o r ke d e x t e n s i v e l y w i t h t h e So n o m a M a r i n A r e a R a i l T r a n s i t ( S M A R T ) t o in s t a l l a r e g i o n a l m u l t i - u se p a t h t h r o u g h t h e C i t y an d t o p r e p a r e f o r t h e i n it i a t i o n o f p a s s e n g e r r a i l se r v i c e . S M A R T ’ s l o w e m i s s i o n p a s s e n g e r t r a i n s wi l l p r o v i d e a n i m p o r t a n t n e w t r a n s p o r t a t i o n op t i o n f o r t h e r e g i o n . Ta b l e 1 8 – I m p l e m e n t a t i o n o f S e i s m i c an d G e o l o g i c a l H a z a r d s G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l H S - A Mi n i m i z e t h e r i s k t o l i f e a n d p r o p e r t y f r o m se i s m i c a n d g e o l o g i c h a z a r d s i n R o h n e r t P a r k . On - g o i n g T h e C i t y e n f o r c e s th e U n i f o r m B u i l d i n g C o d e a n d re q u i r e s s o i l s r e p o r t s f o r n e w d e v e l o p m e n t . Pa g e 2 1 Ta b l e 1 9 – I m p l e m e n t a t i o n o f D r a i n a g e , E r o s io n , S t o r m w a t e r a n d F l o o d i n g G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l H S - B Mi n i m i z e t h e r i s k t o l i f e a n d p r o p e r t y f r o m fl o o d i n g . On - g o i n g I n a c c o r d a n c e w i t h F e d e r a l E m e r g e n c y Ma n a g e m e n t A g e n c y ( F E M A ) r e q u i r e m e n t s , t h e Ci t y d o e s n o t p r e v e n t n e w d e v e l o p m e n t i n a r e a s o f fl o o d i n g a n d r e q u i r e s d r a i n a g e s t u d y a n d r e v i e w du r i n g i t s d e v e l o p m e n t r e v i e w process. The City is cu r r e n t l y w o r k i n g w i t h t h e S o n o m a C o u n t y w a t e r ag e n c y t o d e v e l o p a d e t e n t i o n b a s i n o n C o p e l a n d Cr e e k t o m i t i g a t e r i s k s o f f l o o d i n g . Go a l H S - C Co n t r o l e r o s i o n a n d s e d i m e n t a t i o n t o p r o v i d e fl o o d p r o t e c t i o n a n d w a t e r q u a l i t y . On - g o i n g Th e Ci t y h a s a d o p t e d a n d e n f o r c e s a g r a d i n g or d i n a n c e a n d r e q u i r e s a l l d e v e l o p m e n t b e de s i g n e d t o t h e S o n o m a C o u n t y l o w i m p a c t de v e l o p m e n t s t a n d a r d s . A l l c onstruction projects of an y s i z e a r e r e q u i r e d t o se c u r e c o v e r a g e u n d e r t h e St a t e W a t e r B o a r d ’ s G e n e ra l C o n s t r u c t i o n P e r m i t . Ta b l e 2 0 – I m p l e m e n t a t i o n o f S o l i d W a s t e Ma n a g e m e n t a n d R e c y c l i n g G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l H S - D Re d u c e t h e g e n e r a t i o n o f s o l i d w a s t e a n d r e c y c l e th o s e m a t e r i a l t h a t a r e u s e d t o s l o w t h e f i l l i n g o f lo c a l a n d r e g i o n a l l a n d f i ll s , i n a c c o r d w i t h t h e Ca l i f o r n i a I n t e g r a t e d W a st e M a n a g e m e n t A c t o f 19 8 9 . On - g o i n g T h e C i t y c o n t i n u e s t o e n c o u r a g e t h e r e c y c l i n g o f ho u s e h o l d a n d c o m m e r c i a l w a s t e a n d i s c o n t i n u i n g ef f o r t s t o w o r k w i t h R o h n e r t P a r k D i s p o s a l t o im p r o v e r e c y c l i n g s e r v i c e s . T h e r e a r e s e v e r a l re c y c l i n g c e n t e r s i n a s h o p p i ng c e n t e r t o b e t t e r s e r v e th e p u b l i c i n d e p o s i t i n g t h e i r r e c y c l e d b e v e r a g e co n t a i n e r s . T h e C i t y e n f o r c e s C A L G r e e n re q u i r e m e n t s f o r c o n s t r u c t i o n a n d 5 0 p e r c e n t o f co n s t r u c t i o n w a s t e m u s t b e r e c y c l e d . Pa g e 2 2 Ta b l e 2 1 – I m p l e m e n t a t i o n o f H a za r d o u s M a t e r i a l s G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l H S - E Mi n i m i z e t h e r i s k t o l i f e a n d p r o p e r t y f r o m t h e ge n e r a t i o n , s t o r a g e a n d t r a n s p o r t a t i o n o f ha z a r d o u s m a t e r i a l a n d w a s t e i n R o h n e r t P a r k an d a s s u r e t h e p r o p e r t y d i sp o s a l o f a l l h a z a r d o u s wa s t e t h a t m a y b e g e n e r a t e d i n R o h n e r t P a r k . On - g o i n g N o s p e c i f i c a c t i v i t y i n 2 0 1 6 , b e y o n d o n - g o i n g m o n i t o r i n g Go a l H S - F Co m p l y w i t h a l l a p p l i c a b l e r e g u l a t i o n s a n d pr o v i s i o n s f o r t h e s t o r a g e , u s e a n d h a n d l i n g o f ha z a r d o u s s u b s t a n c e a s e s t a b l i s h e d b y f e d e r a l (E P A ) , S t a t e ( D T S C , R W Q C B , C a l O S H A , CA L E P A ) a n d l o c a l ( C o u n t y o f S o n o m a , C i t y of R o h n e r t P a r k ) r e g u l a t i o n s . On - g o i n g N o s p e c i f i c a c t i v i t y i n 2 0 1 6 , b e y o n d o n - g o i n g m o n i t o r i n g Go a l H S - G Pr o t e c t g r o u n d w a t e r a n d s o i l f r o m c o n t a m i n a t i o n by h a z a r d o u s m a t e r i a l s . On - g o i n g T h e C i t y c o o r d i n a t e s w i t h t h e S o n o m a C o u n t y W a s t e Ma n a g e m e n t A g e n c y , t h e S a n t a R o s a S u b r e g i o n a l S y s t e m a n d ot h e r l o c a l a g e n c i e s o n h a z a r dous waste collection events an d t h e d i s s e m i n a t i o n o f i n f o r m a t i o n r e g a r d i n g h a z a r d o u s ma t e r i a l m a n a g e m e n t . S i g n s a t storm drains are maintained on a n o n g o i n g b a s i s t h r o u g h o u t t h e C ity. City public works, pu b l i c s a f e t y a n d c o d e e n f o r ce m e n t s t a f f r e s p o n d t o a n d a b a t e ha z a r d o u s m a t e r i a l s p i l l i n c i d e n t s . Pa g e 2 3 Ta b l e 2 2 – I m p l e m e n t a t i o n o f E m e r ge n c y M a n a g e m e n t G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l H S - H Us e t h e S t a n d a r d i z e d E m e r g e n c y M a n a g e m e n t Pl a n a s a g u i d e f o r e m e r g e n c y m a n a g e m e n t i n Ro h n e r t P a r k . On - g o i n g T h e C i t y u t i l i z e s t h e N a t i o n a l I n c i d e n t M a n a g e m e n t Sy s t e m t o e n s u r e a s t an d a r d e m e r g e n c y r e s p o n s e pr o g r a m i n t h e C i t y . I n 2 0 1 6 , t h e C i t y b e g a n a re q u i r e d u p d a t e o f i t s l o ca l h a z a r d m i t i g a t i o n p l a n . Go a l H S - I Co o p e r a t e w i t h o t h e r p u b l i c a g e n c i e s t o s t o r e , or g a n i z e , d i s t r i b u t e a nd a d m i n i s t e r e m e r g e n c y me d i c a l e q u i p m e n t , s u p p l i e s , s e r v i c e s a n d co m m u n i c a t i o n s y s t e m s . On - g o i n g T h e C i t y e n g a g e s i n a m u t u a l a i d p r o g r a m w i t h ne i g h b o r i n g a g e n c i e s . Go a l H S - J As p a r t o f t h e c o n c u r r e n c y r e q u i r e m e n t f o r de v e l o p m e n t o n t h e w e s t s i d e , c o n s t r u c t a p u b l i c sa f e t y s t a t i o n w e s t o f U S 1 0 1 0 i n t h e g e n e r a l vi c i n i t y o f t h e W i l f r e d A v e n u e / L a b a t h A v e n u e in t e r s e c t i o n . On - g o i n g I n 2 0 1 6 , t h e C i t y c o m p l e t e d t h e p l a n n i n g a n d en v i r o n m e n t a l r e v i e w f o r a n e w w e s t s i d e f i r e st a t i o n l o c a t e d a t t h e i n t e rs e c t i o n o f L a b a t h A v e n u e an d M a r t i n A v e n u e . T h e f a c i l i t y i s n o w i n d e s i g n wi t h c o n s t r u c t i o n a n ti c i p a t e d i n 2 0 1 8 . Ta b l e 2 3 – I m p l e m e n t a t i o n o f N o i s e G o a l s i n 2 0 1 6 Go a l o r P o l i c y Pr o g r e s s i n 2 0 1 6 Go a l N S - A Pr o t e c t p u b l i c h e a l t h a n d w e l f a r e b y e l i m i n a t i n g or m i n i m i z i n g e x c e s s i v e n o i s e l e v e l s . On - g o i n g N o i s e i s e v a l u a t e d a s ne w p r o j e c t s a r e p r o p o s e d i n co m p l i a n c e w i t h t h e c it y n o i s e o r d i n a n c e . Go a l N S - B Mi n i m i z e t h e e x p o s u r e o f n o i s e - s e n s i t i v e u s e s – in c l u d i n g r e s i d e n c e s , s c h o o l s , c h u r c h e s , ho s p i t a l s a n d o t h e r p u b l i c u s e s – t o e x c e s s i v e no i s e l e v e l s . On - g o i n g I n 2 0 1 6 , t h e C i t y u s e d i t s a p p r o v a l a u t h o r i t y t o re v i e w t h e n o i s e i m p a c t s o f p r o j e c t a n d i m p o s e co n d i t i o n s o f a p p r o v a l t o mi n i m i z e n o i s e i m p a c t s (e . g . c o n t r o l s o n c o n s t r u c t i o n h o u r s o r re q u i r e m e n t s a n d a l l o w a b l e n o i s e l e v e l s f r o m de v e l o p m e n t ) . Attachment 1 page 1 of 7 - 12 / 3 1 / 2 0 1 6 An n u a l B u i l d i n g A c t i v i t y R e p o r t S u m m a r y - N e w C o n s t r u c t i o n Ve r y L o w - , L o w - , a n d M i x e d - I n c o m e M u l t i f a m i l y P r o j e c t s 16 2 No n e ( 1 1 ) T o t a l Ex t r e m e l y L o w - I n c o m e U n i t s * Ta b l e A Th e R e s e r v e Un i v e r s i t y D i s t r i c t AN N U A L E L E M E N T P R O G R E S S R E P O R T (C C R T i t l e 2 5 § 6 2 0 2 ) Ju r i s d i c t i o n Ci t y o f R o h n e r t P a r k Ve r y L o w - In c o m e Lo w - In c o m e Mo d e r a t e - In c o m e No n e 77 84 No n e 8 Ho u s i n g w i t h o u t Fi n a n c i a l A s s i s t a n c e or D e e d R e s t r i c t i o n s Se e I n s t r u c t i o n s S e e I n s t r u c t i o n s No t e b e l o w t h e n u m b e r o f u n i t s de t e r m i n e d t o b e a f f o r d a b l e w i t h o u t fi n a n c i a l o r d e e d r e s t r i c t i o n s a n d at t a c h a n e x p l a n a t i o n h o w t h e ju r i s d i c t i o n d e t e r m i n e d t h e u n i t s w e r e af f o r d a b l e . R e f e r t o i n s t r u c t i o n s . R As s i s t a n c e Pr o g r a m s fo r E a c h De v e l o p m e n t Te n u r e R= R e n t e r O= O w n e r Af f o r d a b i l i t y b y H o u s e h o l d I n c o m e s No n e Ab o v e Mo d e r a t e - In c o m e To t a l U n i t s pe r Pr o j e c t De e d Re s t r i c t e d Un i t s Es t . # I n f i l l Un i t s * ( 9 ) T o t a l o f M o d e r a t e a n d A b o v e M o d e r a t e f r o m T a b l e A 3 ► ► 1 * N o t e : T h e s e f i e l d s a r e v o l u n t a r y Re p o r t i n g P e r i o d 1/ 1 / 2 0 1 6 Ho u s i n g w i t h F i n a n c i a l A s s i s t a n c e an d / o r De e d R e s t r i c t i o n s 67 0 12 Ho u s i n g D e v e l o p m e n t I n f o r m a t i o n Pr o j e c t I d e n t i f i e r (m a y b e A P N N o . , p r o j e c t n a m e o r ad d r e s s ) Un i t Ca t e g o r y O 1 1 ( 1 0 ) T o t a l b y i n c o m e T a b l e A / A 3 ► ► 16 1 5 5a 84 34 77 Attachment 1 page 2 of 7 - 12 / 3 1 / 2 0 1 6 AN N U A L E L E M E N T P R O G R E S S R E P O R T (C C R T i t l e 2 5 § 6 2 0 2 ) Ju r i s d i c t i o n Ci t y o f R o h n e r t P a r k Re p o r t i n g P e r i o d 1/ 1 / 2 0 1 6 1 6. To t a l Ta b l e A 2 An n u a l B u i l d i n g A c t i v i t y R e p o r t S u m m a r y - U n i t s R e h a b i l i t a t e d , P r e s e r v e d a n d A c q u i r e d p u r s u a n t to G C S e c t i o n 6 5 5 8 3 . 1 ( c ) ( 1 ) 1 No . o f U n i t s P e r m i t t e d f o r Mo d e r a t e 7. Number of infill units* 3. 5+ U n i t s 5. Mo b i l e H o m e s 4. Se c o n d U n i t 0 TO T A L UN I T S No . o f U n i t s P e r m i t t e d f o r Ab o v e M o d e r a t e 2. 2 - 4 U n i t s 0 0 1. Si n g l e F a m i l y An n u a l b u i l d i n g A c t i v i t y R e p o r t S u m m a r y f o r A b o v e M o d e r a t e - I n c o m e U n i t s (n o t i n c l u d i n g t h o s e u n i t s r e p o r t e d o n T a b l e A ) * N o t e : T h i s f i e l d i s v o l u n t a r y 0 Ta b l e A 3 Pl e a s e n o t e : U n i t s m a y o n l y b e c r e d i t e d t o t h e t a b l e b e l o w w h e n a j u r i s d i c t i o n h a s i n c l u d e d a p r o g r a m i t i t s h o u s i n g e l e m e n t to r e h a b i l i t a t e , p r e s e r v e o r a c q u i r e un i t s t o a c c o m m o d a t e a p o r t i o n o f i t s R H N A w h i c h m e e t t h e s p e c i f i c c r i t e r i a a s o u t l i n e d i n G C S e c t i o n 6 5 5 8 3 . 1 ( c ) ( 1 ) Lo w - In c o m e Ac t i v i t y T y p e (4 ) T h e D e s c r i p t i o n s h o u l d a d e q u a t e l y d o c u m e n t h o w e a c h u n i t c o m p l i e s w i t h su b s e c t i o n ( c ) ( 7 ) o f G o v e r n m e n t C o d e S e c t i o n 6 5 5 8 3 . 1 0 (5 ) T o t a l U n i t s b y I n c o m e 0 * N o t e : T h i s f i e l d i s v o l u n t a r y Af f o r d a b i l i t y b y H o u s e h o l d I n c o m e s 00 (1 ) R e h a b i l i t a t i o n A c t i v i t y (3 ) A c q u i s i t i o n o f U n i t s (2 ) P r e s e r v a t i o n o f U n i t s A t - R i s k Ex t r e m e l y Lo w - In c o m e * Ve r y L o w - In c o m e Attachment 1 page 3 of 7 - 12 / 3 1 / 2 0 1 6 AN N U A L E L E M E N T P R O G R E S S R E P O R T (C C R T i t l e 2 5 § 6 2 0 2 ) Ju r i s d i c t i o n Ci t y o f R o h n e r t P a r k Re p o r t i n g P e r i o d 1/ 1 / 2 0 1 6 0 Ye a r 2 20 1 8 Ye a r 8 Ye a r 7 20 1 4 20 1 7 0 00 0 0 0 Ye a r 6 0 0 24 4 79 To t a l R H N A b y C O G . En t e r a l l o c a t i o n n u m b e r : No t e : u n i t s s e r v i n g e x t r e m e l y l o w - i n c o m e h o u s e h o l d s a r e i n c l u d e d i n t h e v e r y l o w - i n c o m e p e r m i t t e d u n i t s t o t a l s . 48 4 0 24 4 Ab o v e M o d e r a t e 16 1 Ye a r 4 0 0 Ve r y L o w De e d Re s t r i c t e d No n - d e e d re s t r i c t e d No n - d e e d re s t r i c t e d 89 9 To t a l U n i t s ► ► ► 12 7 18 1 0 Mo d e r a t e 0 0 0 0 0 Lo w De e d Re s t r i c t e d 0 0 0 00 0 20 1 9 20 2 0 2 0 2 1 2 0 2 2 00 0 0 0 In c o m e L e v e l RH N A Al l o c a t i o n b y In c o m e L e v e l Ye a r 3 Pe r m i t t e d U n i t s I s s u e d b y A f f o r d a b i l i t y 0 0 10 7 0 0 0 0 0 En t e r C a l e n d a r Y e a r s t a r t i n g w i t h t h e f i r s t y e a r o f th e R H N A a l l o c a t i o n p e r i o d . S e e E x a m p l e . 0 20 1 5 20 1 6 00 0 Ye a r 1 Ye a r 5 Ta b l e B Re g i o n a l H o u s i n g N e e d s A l l o c a t i o n P r o g r e s s 00 127 494 40 5 40 50 Re m a i n i n g N e e d f o r R H N A P e r i o d ► ► ► ► ► 0 0 181 107 0 0 0 0 0 0 0 16 1 0 0 0 0 0 0 0 0 0 0 Total Remaining RHNA by Income Level 0 To t a l U n i t s to D a t e (a l l y e a r s ) 0 De e d Re s t r i c t e d 0 0 0 0 0 No n - d e e d re s t r i c t e d Ye a r 9 0 Attachment 1 page 4 of 7 - 12 / 3 1 / 2 0 1 6 AN N U A L E L E M E N T P R O G R E S S R E P O R T (C C R T i t l e 2 5 § 6 2 0 2 ) Ju r i s d i c t i o n Ci t y o f R o h n e r t P a r k Re p o r t i n g P e r i o d 1/ 1 / 2 0 1 6 Ta b l e C Pr o g r a m I m p l e m e n t a t i o n S t a t u s Th e C i t y s h a l l m e e t w i t h o w n e r s o f a t - r i s k u n i t s wh o i n t e n d t o o p t o u t o f a S e c t i o n 8 c o n t r a c t t o ex a m i n e p o t e n t i a l s t r a t e g i e s t o p r e s e r v e o r re p l a c e t h e u n i t s ( e . g . , t r a n s f e r r i n g t h e u n i t s t o a n o n p r o f i t d e v e l o p e r . Fa c i l i t a t e r e s i d e n t i a l d e v e l o p m e n t wi t h i n t h e g r o w t h a r e a s Pr o m o t e a d i v e r s i t y o f h o u s i n g ty p e s . Pr o v i d e t h r e e - b e d r o o m p l u s u n i t s in r e n t a l p r o j e c t s . Re c e i v e c o m m u n i t y w i d e re p r e s e n t a t i o n o n b o a r d s a n d co m m i s s i o n s . Re d u c e t h e i m p a c t o f s u m m e r he a t o n p a r k e d v e h i c l e s a n d pr o v i d e a m o r e p l e a s a n t l i v i n g en v i r o n m e n t . To p r o v i d e h o u s i n g f o r l o w a n d mo d e r a t e i n c o m e h o u s e h o l d s . To r e t a i n S e c t i o n 8 h o u s i n g . O n g o i n g Af f o r d a b l e h o u s i n g p r o j e c t s a r e p r o p o s e d i n s e v e r a l o f t h e C i t y ' s Sp e c i f i c P l a n a r e a s a n d c o n s t r u c t i o n i s e x p e c t e d t o b e c o m p l e t e d du r i n g t h e R H N A p e r i o d . T h e C i t y i s w o r k i n g w i t h t h e a f f o r d a b l e ho u s i n g d e v e l o p e r s t o e x p e d i t e t h e d e v e l o p m e n t a s m u c h a s po s s i b l e . On g o i n g Th e C i t y s h a l l d e v e l o p a p r o c e d u r e t o p r o v i d e ex p e d i t e d r e v i e w w h e r e p o s s i b l e f o r a f f o r d a b l e ho u s i n g d e v e l o p m e n t s ( i . e . , p r o j e c t s i n w h i c h al l u n i t s a r e a f f o r d a b l e t o m o d e r a t e - , l o w - , v e r y lo w - , o r e x t r e m e l y l o w - i n c o m e h o u s e h o l d s ) . Th e C i t y w i l l c a r r y o u t t h i s p r o g r a m w h e n i t i s m a d e a w a r e o f u n i t s th a t w i l l b e r e m o v e d f r o m t h e S e c t i o n 8 p r o g r a m . On g o i n g Re q u i r e t h e p l a n t i n g o f t r e e s a s p a r t o f re s i d e n t i a l p r o j e c t s t o p r o v i d e c o o l i n g d u r i n g th e s u m m e r m o n t h s . In o p e n p a r k i n g a r e a s , t h e Z o n i n g O r d i n a n c e r e q u i r e s t h e p l a n t i n g o f on e t r e e f o r e v e r y f o u r ( 4 ) p a r k i n g s p a c e s . L a n d s c a p e d s e t b a c k s ar e r e q u i r e d i n a l l n e w r e s i d e n t i a l p r o j e c t s . O n g o i n g Tw o l a r g e r e n t a l p r o j e c t s w e r e c o n s t r u c t e d i n 2 0 1 5 a n d 2 0 1 6 w h i c h in c l u d e d a m i x o f o n e , t w o a n d t h r e e b e d r o o m u n i t s . T h e c o m p l e x e s in c l u d e f a c i l i t i e s f o r f a m i l i e s a n d c h i l d r e n i n c l u d i n g a t o t l o t a n d On g o i n g Co n t i n u e t o p u b l i c i z e o p e n i n g s o n C i t y b o a r d s an d c o m m i s s i o n s t h r o u g h s e v e r a l ne w s p a p e r s . Th e C i t y a d v e r t i s e s v a c a n c i e s o n b o a r d s a n d c o m m i s s i o n s i n t h e lo c a l n e w s p a p e r a n d o n t h e C i t y w e b s i t e . Th e C i t y s h a l l c o n t i n u e t o w o r k w i t h r e g i o n a l ag e n c i e s t o e n s u r e a n a d e q u a t e l o n g - t e r m wa t e r s u p p l y a n d w a s t e w a t e r d i s p o s a l s y s t e m . Du r i n g t h e a p p l i c a t i o n a n d r e v i e w p r o c e s s f o r Sp e c i f i c P l a n s , e n s u r e t h a t t h e y p r o v i d e f o r th e d i v e r s i t y o f h o u s i n g t y p e s s p e c i f i e d i n t h e La n d U s e a n d G r o w t h M a n a g e m e n t E l e m e n t . Pr o m o t e t h e p r o v i s i o n o f r e n t a l u n i t s o r r e n t a l un i t s f o r l a r g e r f a m i l i e s . On g o i n g Th e a p p r o v e d S p e c i f i c P l a n s i n R o h n e r t P a r k p r o v i d e a d i v e r s i t y o f ho u s i n g t y p e s . A p a r t m e n t p r o j e c t s h a v e b e e n c o m p l e t e d i n 2 0 1 5 an d t h e c o n s t r u c t u t i o n a d d i t i o n a l a p a r t m e n t u n i t s a n d n e w h o m e s i s ex p e c t e d t o c o n t i n u e t h r o u g h o u t t h e p l a n n i n g p e r i o d . St a t u s o f P r o g r a m I m p l e m e n t a t i o n On g o i n g Pr e s e n t l y p r o c e s s i n g s e v e r a l S p e c i f i c P l a n s a n d r e v i s i o n s o f e x i s t i n g Sp e c i f i c P l a n s . T h e E a s t s i d e T r u n k S e w e r L i n e p r o j e c t w a s co m p l e t e d i n 2 0 1 4 w h i c h p r o v i d e s e w e r c a p a c i t y f o r n e w h o u s i n g de v e l o p m e n t o n t h e e a s t s i d e o f t h e c o m m u n i t y . Pr o g r a m D e s c r i p t i o n (B y H o u s i n g E l e m e n t P r o g r a m N a m e s ) Ho u s i n g P r o g r a m s P r o g r e s s R e p o r t - G o v e r n m e n t C o d e S e c t i o n 6 5 5 8 3 . De s c r i b e p r o g r e s s o f a l l p r o g r a m s i n c l u d i n g l o c a l e f f o r t s t o r e m o v e g o v e r n m e n t a l c o n s t r a i n t s t o t h e m a i n t e n a n c e , im p r o v e m e n t , a n d d e v e l o p m e n t o f h o u s i n g a s i d e n t i f i e d i n t h e h o u s i n g e l e m e n t . Ti m e f r a m e in H . E . Na m e o f P r o g r a m O b j e c t i v e Attachment 1 page 5 of 7 - 12 / 3 1 / 2 0 1 6 AN N U A L E L E M E N T P R O G R E S S R E P O R T (C C R T i t l e 2 5 § 6 2 0 2 ) Ju r i s d i c t i o n Ci t y o f R o h n e r t P a r k Re p o r t i n g P e r i o d 1/ 1 / 2 0 1 6 Th e C i t y s h a l l c o n t i n u e t o p a r t n e r w i t h So n o m a C o u n t y C o m m u n i t y D e v e l o p m e n t Co m m i s s i o n o n h o u s i n g r e h a b i l i t a t i o n p r o g r a m fo r l o w - a n d m o d e r a t e - i n c o m e h o u s e h o l d s . Th i s i n f o r m a t i o n i s a v a i l a b l e a t C i t y H a l l a n d w i l l b e m a d e a v a i l a b l e at o t h e r l o c a t i o n s u p o n r e q u e s t . Th e C i t y w i l l c o n t i n u e t h i s p a r t n e r s h i p . To p r o v i d e h o u s i n g f o r i n d i v i d u a l s wi t h d i s a b i l i t i e s , s e n i o r s a n d t h e el d e r l y . To p r o v i d e h o u s i n g f o r p e r s o n s wi t h d i s a b i l i t i e s i n c l u d i n g de v e l o p m e n t a l d i s a b i l i t i e s . To p r o v i d e i n f o r m a t i o n r e g a r d i n g fa i r h o u s i n g p r o g r a m s . To p r o v i d e i n f o r m a t i o n t o l o w - a n d mo d e r a t e - i n c o m e h o u s e h o l d s o n ho u s i n g r e h a b i l i t a t i o n . On g o i n g On g o i n g Th e C i t y s h a l l p o s t i n f o r m a t i o n r e g a r d i n g l o c a l , St a t e a n d F e d e r a l f a i r h o u s i n g p r o g r a m s i n pu b l i c p l a c e s , s u c h a s C i t y H a l l , t h e Co m m u n i t y C e n t e r , t h e S e n i o r C e n t e r a n d lo c a l p o s t o f f i c e s . On g o i n g On g o i n g Mo s t h o m e b r a c i n g i s p e r f o r m e d b y c o n t r a c t o r s w h o s u b m i t p l a n s t o th e C i t y f o r a p p r o v a l a n d i s s u a n c e o f a B u i l d i n g P e r m i t . On g o i n g Th e C i t y s h a l l m a i n t a i n g u i d e l i n e s a n d s a m p l e pl a n s t o a s s i s t o w n e r s o f w o o d - f r a m e h o m e s in a d e q u a t e l y s e c u r i n g s t r u c t u r e s t o fo u n d a t i o n s a n d p r o v i d i n g b r a c i n g a g a i n s t ea r t h q u a k e s . Th e C i t y s h a l l i m p l e m e n t a c t i o n s a n d pr o g r a m s p r e s c r i b e d i n t h e H o u s i n g E l e m e n t in a t i m e l y m a n n e r . T h e C i t y s h a l l m o n i t o r a n d an n u a l l y r e p o r t o n i t s p r o g r e s s i n im p l e m e n t i n g t h e p o l i c i e s a n d p r o g r a m s i n t h e Ho u s i n g E l e m e n t A n n u a l R e p o r t t o t h e Ca l i f o r n i a D e p a r t m e n t o f H o u s i n g a n d Co m m u n i t y D e v e l o p m e n t a n d t h e O f f i c e o f Pl a n n i n g a n d R e s e a r c h b e f o r e A p r i l 1 e a c h ye a r . To a s s i s t h o m e o w n e r s i n s e c u r i n g th e i r h o m e s t o f o u n d a t i o n s a n d pr o v i d i n g b r a c i n g a g a i n s t ea r t h q u a k e s . An n u a l R e p o r t t o t h e C D D a n d OP R . Th e C i t y r e p o r t s a n n u a l l y t o t h e C D D a n d O P R b y A p r i l 1 . Th e C i t y s h a l l d e v e l o p a n d d i s t r i b u t e in f o r m a t i o n a b o u t S o n o m a C o u n t y C o m m u n i t y De v e l o p m e n t C o m m i s s i o n ' s ( C D C R P ) re h a b i l i t a t i o n p r o g r a m s t o i n d i v i d u a l s w i t h di s a b i l i t i e s , s e n i o r s a n d t h e e l d e r l y a n d ad v o c a c y g r o u p s t h a t r e p r e s e n t t h e s e s p e c i a l ne e d s g r o u p s . On g o i n g Th e C i t y s h a l l r e a c h o u t a n n u a l l y t o de v e l o p e r s o f s u p p o r t i v e h o u s i n g t o en c o u r a g e d e v e l o p m e n t o f p r o j e c t s t a r g e t e d fo r p e r s o n s w i t h d i s a b i l i t i e s i n c l u d i n g de v e l o p m e n t a l d i s a b i l i t i e s . T h e C i t y s h a l l su p p o r t a p p l i c a t i o n s f o r C o u n t y , S t a t e a n d Fe d e r a l f u n d i n g i n s u p p o r t o f h o u s i n g co n s t r u c t i o n a n d r e h a b i l i t a t i o n f o r p e r s o n s w i t h di s a b i l i t i e s , i n c l u d i n g d e v e l o p m e n t a l di s a b i l i t i e s . Wh i l e t h e C i t y d o e s n o t h a v e a s p e c i f i c p r o g r a m t o p r o v i d e h o u s i n g fo r t h e d i s a b l e d , a c e r t a i n n u m b e r o f u n i t s w i t h i n e a c h a p a r t m e n t pr o j e c t a r e r e q u i r e d t o b e a c c e s s i b l e t o i n d i v i d u a l s w i t h d i s a b i l i t i e s . Th e C i t y s u p p o r t s t h e p r o g r a m s o f t h e S o n o m a C o u n t y , C o m m u n i t y De v e l o p m e n t C o m m i s s i o n t o a s s i s t d i s a b l e d i n d i v i d u a l s . Up o n r e q u e s t t h e C i t y w i l l m a k e t h i s i n f o r m a t i o n a v a i l a b l e . Attachment 1 page 6 of 7 - 12 / 3 1 / 2 0 1 6 AN N U A L E L E M E N T P R O G R E S S R E P O R T (C C R T i t l e 2 5 § 6 2 0 2 ) Ju r i s d i c t i o n Ci t y o f R o h n e r t P a r k Re p o r t i n g P e r i o d 1/ 1 / 2 0 1 6 Attachment 1 page 7 of 7 - 12 / 3 1 / 2 0 1 6 AN N U A L E L E M E N T P R O G R E S S R E P O R T (C C R T i t l e 2 5 § 6 2 0 2 ) Ju r i s d i c t i o n Ci t y o f R o h n e r t P a r k Re p o r t i n g P e r i o d 1/ 1 / 2 0 1 6 Ge n e r a l C o m m e n t s : ITEM NO. 7B4 1 Meeting Date: April 25, 2017 Department: Public Works and Community Services Submitted By: John McArthur, Director Public Works and Community Services Prepared By: Cindy Bagley, Community Services Manager Agenda Title: Receive Annual Parks and Recreation Facilities Master Plan, and Cultural Arts Report RECOMMENDED ACTION: Receive Annual Parks and Recreation Facilities Master Plan, and Cultural Arts Report. BACKGROUND: In May 2008, the City Council adopted Resolution 2008-69 (Attachment 1) which accepted and adopted the Parks and Recreation Facilities Master Plan. Resolution 2008-69 further directed the Parks and Recreation Commission to provide an annual report to the City Council on the progress made in implementing the Plan. The first annual report since the creation of the Plan in 2008 was brought to City Council on April 12, 2016. At that time, several proposed revisions were presented to the City Council. Staff received direction to bring forth a resolution to amend the 2008 version of the Parks and Recreation Facilities Master Plan. Resolution 2016-36 was presented and passed on April 26, 2016. On that day, the City Council also adopted an Ordinance (No. 898) to repeal chapter 2.24 of the Rohnert Park Municipal Code “Cultural Arts Commission” and amend section 2.32.040 to add cultural arts oversight to the powers of the Parks and Recreation Commission. The Parks and Recreation Commission is tasked with making recommendations to City Council, the City Manager and the Community Services Manager regarding cultural arts development in the community. They are also responsible to examine the conditions of monuments and works of art and give a report to City Council every two years on the state of cultural arts in the City of Rohnert Park. ANALYSIS: With the 2016 revisions to the Park and Recreation Facilities Master Plan (Master Plan), the plan is more able to serve as a guiding document for preserving and enhancing the City of Rohnert Park’s high quality park and recreation system and to meet current and future recreation needs. The Plan presents strategies for creating a well-managed parks and recreation program, and serves as an annual work plan for the Parks and Recreation Commission. It also includes specific goals and policies to improve decision making, and it details the costs associated with implementing capital projects. Since the revision of the Master Plan, Public Works and Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT 2 Community services staff were able to use the document as a guide for the accomplishment of several specific goals addressed within the document, detailed below. Parks and Facilities Master Plan Implementation Update The following goals that were added to the Master Plan as part of the 2016 revision were accomplished during the 16-17 fiscal year. 1. “Facility and Program materials should be written in Spanish and English” (Demographic Trends – page 15) i. During the month of February, the facilty rental information and application materials were translated into Spanish. ii. For the first time, the Recreation Guide will display program titles for all recreation programs in both English and Spanish beginning with the recently published 2017 Summer Guide. 2. “The City will need to add and re-organize and add staff positions” (Funding – page 16) i. Community Services Supervisor position was downgraded to a Coordinator I, allowing for Coordinator I and II positions. ii. Community Services Coordinator, Chris Morgan was promoted to a Coordinator II. iii. Community Services Coordinator I was added in Aquatics 3. “A Comprehensive analysis of aquatic facilities and programming needs to be completed …” (Aquatics – page 17) i. Beginning this summer and to be completed in Fall 2017 with a comprehensive aquatic report focusing on the performance and cost recovery of all three pools. An emphasis will be placed on the viability of M pool. 4. “Improvements … are to be reviewed by City staff and the Parks and Recreation Commission annually and be updated every two years” (Park Improvement Program (Page 26) i. The first park audit was performed during the 2015 summer with a report to Council during the Spring of 2016. ii. Parks and Recreation Commission and City Staff are scheduled to do another park audit this summer and will include findings of the audit in the Spring 2018 version of this update. iii. Following the 2015 audit, the following recommended findings were added to the Master Plan revision and have been addressed by staff: 1. Upgrade garbage cans to commercial grade, include recycling container and uniform throughout the parks – this is currently in progress and is 50% complete. 2. Repair or install paths of travel that are relatively flat and easily navigable – major hazards have been addressed at Dorotea, Sunrise, Eagle and Honeybee parks. 5. Future Park Developments Plans (Long Term Capital Improvement Plan Projects (Page 33) i. Turf Field – Plans are underway for the development of an all-weather turf field at Sunrise Park 3 ii. Bocce Ball – Parks and Recreation Commission will be discussing and developing recommendations during the 17-18 Fiscal Year iii. Skate Park - Parks and Recreation Commission will be discussing and developing recommendations during the 17-18 Fiscal Year Cultural Arts Update The Parks and Recreation Commission will focus efforts through the 17-18 fiscal year to audit works of art, monuments and buildings that serve to beautify the City, as well as review the state of cultural arts within Rohnert Park. As part of this report in 2018, will be any recommendations from the findings of these audits. STRATEGIC PLAN ALIGNMENT: This report and update is consistent with Strategic Plan Goal D5 – Improve and Develop Community Service Programs to meet the Changing Needs of the Community. FISCAL IMPACT: There is no direct fiscal impact from receiving this report and revisions to the Plan. Department Head Approval Date: April 4, 2017 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: April 10, 2017 Attachments: N/A ITEM NO. 7C1 1 Meeting Date: April 25, 2017 Department: Human Resources Submitted By: Victoria Perrault, Human Resources Director Prepared By: Tracy Rankin, Human Resources Analyst Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges revised March 29, 2017 RECOMMENDED ACTION: Approve the attached resolution authorizing and approving the City of Rohnert Park Current Pay Rates and Ranges revised March 29, 2017. BACKGROUND: Council approved the City of Rohnert Park Current Pay Rates and Ranges document dated December 12, 2016 on February 14, 2017, pursuant to Resolution No. 2017-015. Since that date, the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Officers’ Association (RPPSOA) effective 04/02/17-06/30/21 was approved by City Council on March 28, 2017 per Resolution No. 2017-035. Accordingly, the following position and salary changes approved under the RPPSOA Memorandum of Agreement require updating: Description Action Negotiated increases to base salary effective 4/2/17 Apply increases to RPPSOA pay ranges 68, 69, 83, 89 and 91, as indicated in attached Exhibit A Public Safety Officer I (PSO1) Public Safety Officer II (PSO2) Public Safety Officer III (PSO3) Public Safety Officer IV (PSO4) New positions; add to pay rates and ranges RPPSOA Unit New Ranges 84A – 84D as indicated in attached Exhibit A Fire Public Safety Officer I (FPSO1) Fire Public Safety Officer II (FPSO2) Fire Public Safety Officer III (FPSO3) Fire Public Safety Officer IV (FPSO4) New positions; add to pay rates and ranges RPPSOA Unit New Ranges 86A – 86D as indicated in attached Exhibit A Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7C1 2 Description Action Negotiated changes to RPPSOA stipends effective 4/2/17 Delete the following stipends and remove from pay rates and ranges:  Canine Handler  Educational  EMT  Fire Specialty  Fire Engineer  Fire Captain  PSO Captain  Master Officer  Property Technician (CSO) Revise the following stipends and update pay rates and ranges:  Change Acting Lieutenant stipend to Acting Commander  Change Bilingual stipend from 2.5% to $175/month  Change Motorcycle Duty stipend from 3% to 5%  Change Uniform Allowance stipend from $240/year to $1,080/year (sworn) and $540/year (CSO) Public Safety Officer (PSO) Obsolete position; remove from pay rates and ranges Fire Assignment Public Safety Officer (FPSO) Obsolete position; remove from pay rates and ranges In addition, based on the new rates approved in the RPPSOA for Public Safety Sergeants, the compaction trigger set forth in the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Managers’ Association (RPPSMA) effective 7/1/14 – 6/30/17 requires the following salary adjustment: Description Action Approval P. S. Commander (PSCMDR) Salary adjustment effective 4/2/17 to avoid compaction between Public Safety Sergeants and Public Safety Commanders RPPSMA Unit Range 95 $8,802.60 - $10,698.04 Monthly Section 7.2 of Memorandum of Agreement – Rohnert Park Public Safety Managers’ Association (RPPSMA) effective 07/01/14-06/30/17 ANALYSIS: California Public Employees’ Retirement Law at Section 570.5 of the California Code of Regulations Title 2 requires the City Pay Rates and Ranges document published on the City’s internet site to be approved, in its entirety, by the City Council each time a modification is made. ITEM NO. 7C1 3 Attached as Exhibit A to this staff report is the updated City of Rohnert Park Current Pay Rates and Ranges revised March 29, 2017 that incorporates the changes listed above. Staff recommends that the Council adopt the updated Pay Rates and Ranges by resolution. OPTIONS CONSIDERED: This is not applicable. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact. Department Head Approval Date: N/A City Manager Approval Date: April 13, 2017 City Attorney Approval Date: N/A Finance Director Approval Date: N/A Attachments (list in packet assembly order): 1. Resolution Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges revised March 29, 2017 2. Exhibit “A” City of Rohnert Park Current Pay Rates and Ranges revised March 29, 2017 RESOLUTION NO. 2017-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE CITY OF ROHNERT PARK CURRENT PAY RATES AND RANGES REVISED MARCH 29, 2017 WHEREAS, the California Public Employees’ Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City of Rohnert Park to publish the City’s Current Pay Rates and Ranges on the City’s internet site and the City Council to approve the Pay Rates and Ranges in its entirety each time a modification is made; and WHEREAS, the City Council previously approved the City Pay Rates and Ranges document dated December 12, 2016 on February 14, 2017 pursuant to Resolution No. 2017-015 and position and salary changes have been subsequently approved and/or require updating; and WHEREAS, staff recommends that the City Council adopt the updated City Pay Rates and Ranges document revised March 29, 2017 attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the City of Rohnert Park Current Pay Rates and Ranges revised March 29, 2017 attached hereto as Exhibit “A” and incorporated by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 25th day of April, 2017. CITY OF ROHNERT PARK ____________________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A CITY OF ROHNERT PARK CURRENT PAY RATES & RANGES Revised March 29, 2017 CITY OF ROHNERT PARK - PAY RATES AND RANGES Management Unit (Unrepresented) N/R CLASS STEP Hourly Biweekly Monthly Annually City Council (COUN)N/A $189.77 $411.16 N/R CLASS STEP Hourly Biweekly Monthly Annually City Manager (CMGR)N/A $16,222.50 $194,670.00 (By Employment Contract) RANGE 105 CLASS STEP Hourly Biweekly Monthly Annually Director of Public Safety (SDIR)N/A $14,279.75 $171,356.98 (By Employment Contract) RANGE 103 CLASS STEP Hourly Biweekly Monthly Annually Assistant City Manager (ACM)M 1 $63.33 $5,066.17 $10,976.71 $131,720.52 (By Employment Contract)2 $66.49 $5,319.55 $11,525.70 $138,308.40 3 $69.82 $5,585.77 $12,102.50 $145,230.00 4 $73.31 $5,864.82 $12,707.11 $152,485.32 5 $76.98 $6,158.13 $13,342.62 $160,111.44 RANGE 100 CLASS STEP Hourly Biweekly Monthly Annually Director of Development Services (DODS)M 1 $55.56 $4,444.85 $9,630.50 $115,566.00 Director of Public Works and Community 2 $58.34 $4,666.85 $10,111.51 $121,338.12 Services (PWCS)3 $61.25 $4,900.26 $10,617.24 $127,406.88 4 $64.31 $5,145.09 $11,147.69 $133,772.28 5 $67.53 $5,402.27 $11,704.92 $140,459.04 RANGE 98 CLASS STEP Hourly Biweekly Monthly Annually City Engineer (CENG)M 1 $53.52 $4,281.79 $9,277.21 $111,326.52 Finance Director/City Treasurer (FDIR)2 $56.20 $4,495.71 $9,740.71 $116,888.52 Human Resources Director (HRDIR)3 $59.01 $4,720.57 $10,227.90 $122,734.80 4 $61.96 $4,956.84 $10,739.81 $128,877.72 5 $65.06 $5,204.51 $11,276.44 $135,317.28 RANGE 94 CLASS STEP Hourly Biweekly Monthly Annually City Clerk (CCLERK)M 1 $44.13 $3,530.68 $7,649.81 $91,797.72 Deputy City Engineer (DCENG)2 $46.34 $3,707.05 $8,031.94 $96,383.28 Planning Manager (PLMG)3 $48.66 $3,892.45 $8,433.64 $101,203.68 Civilian Fire Marshal (CFM)4 $51.09 $4,086.88 $8,854.91 $106,258.92 5 $53.64 $4,291.30 $9,297.81 $111,573.72 RANGE 95 CLASS STEP Hourly Biweekly Monthly Annually P.S. Commander (PSCMDR)P 1 $48.67 $3,893.40 $8,435.70 $101,228.40 2 $51.10 $4,087.83 $8,856.97 $106,283.64 3 $53.65 $4,292.25 $9,299.87 $111,598.44 4 $56.33 $4,506.65 $9,764.40 $117,172.80 5 $59.15 $4,731.98 $10,252.62 $123,031.44 1 $50.78 $4,062.74 $8,802.60 $105,631.19 2 $53.32 $4,265.58 $9,242.10 $110,905.15 3 $55.98 $4,478.44 $9,703.30 $116,439.56 4 $58.78 $4,702.16 $10,188.01 $122,256.11 5 $61.72 $4,937.56 $10,698.04 $128,376.51 Rohnert Park Public Safety Managers' Association (RPPSMA) CITY OF ROHNERT PARK - PAY RATES AND RANGES Confidential Unit (Unrepresented) RANGE 70-CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Technician Trainee (HRTT)X 1 $17.87 $1,429.48 $3,097.21 $37,166.52 2 $18.76 $1,500.79 $3,251.71 $39,020.52 3 $19.70 $1,575.90 $3,414.45 $40,973.40 4 $20.69 $1,654.81 $3,585.43 $43,025.16 5 $21.72 $1,737.53 $3,764.65 $45,175.80 RANGE 72-CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Technician (HRT)X 1 $23.37 $1,869.21 $4,049.96 $48,599.52 2 $24.54 $1,962.86 $4,252.87 $51,034.44 3 $25.76 $2,060.79 $4,465.05 $53,580.60 4 $27.05 $2,163.95 $4,688.56 $56,262.72 5 $28.40 $2,272.34 $4,923.40 $59,080.80 RANGE 74-CF CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant - Confidential (AACU)X 1 $24.45 $1,956.21 $4,238.45 $50,861.40 2 $25.68 $2,054.14 $4,450.63 $53,407.56 3 $26.96 $2,156.82 $4,673.11 $56,077.32 4 $28.31 $2,264.73 $4,906.92 $58,883.04 5 $29.72 $2,377.87 $5,152.06 $61,824.72 RANGE 76-CF CLASS STEP Hourly Biweekly Monthly Annually Payroll/Fiscal Specialist (PFS)X 1 $25.77 $2,061.27 $4,466.08 $53,592.96 2 $27.06 $2,164.43 $4,689.59 $56,275.08 3 $28.41 $2,272.81 $4,924.43 $59,093.16 4 $29.83 $2,386.43 $5,170.60 $62,047.20 5 $31.32 $2,505.75 $5,429.13 $65,149.56 RANGE 78-CF CLASS STEP Hourly Biweekly Monthly Annually Senior Payroll/Fiscal Specialist (SPFS)X 1 $27.05 $2,163.95 $4,688.56 $56,262.72 Deputy City Clerk (DCC)2 $28.40 $2,272.34 $4,923.40 $59,080.80 3 $29.82 $2,385.96 $5,169.57 $62,034.84 4 $31.32 $2,505.28 $5,428.10 $65,137.20 5 $32.88 $2,630.78 $5,700.02 $68,400.24 RANGE 80-CF CLASS STEP Hourly Biweekly Monthly Annually Executive Assistant to the City Manager X 1 $29.11 $2,328.91 $5,045.97 $60,551.64 (EACM)2 $30.57 $2,445.38 $5,298.32 $63,579.84 3 $32.09 $2,567.55 $5,563.03 $66,756.36 4 $33.70 $2,695.91 $5,841.13 $70,093.56 5 $35.39 $2,830.92 $6,133.65 $73,603.80 RANGE 84-CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Analyst (HRA)X 1 $32.09 $2,567.55 $5,563.03 $66,756.36 2 $33.70 $2,695.91 $5,841.13 $70,093.56 3 $35.39 $2,830.92 $6,133.65 $73,603.80 4 $37.16 $2,972.58 $6,440.59 $77,287.08 5 $39.02 $3,121.38 $6,762.98 $81,155.76 RANGE 88-CF CLASS STEP Hourly Biweekly Monthly Annually Accounting Services Supervisor (ASSP)X 1 $35.37 $2,829.49 $6,130.56 $73,566.72 2 $37.14 $2,971.15 $6,437.50 $77,250.00 3 $38.99 $3,119.47 $6,758.86 $81,106.32 4 $40.94 $3,275.40 $7,096.70 $85,160.40 5 $42.99 $3,438.93 $7,451.02 $89,412.24 CITY OF ROHNERT PARK - PAY RATES AND RANGES Confidential Unit (Unrepresented) RANGE 92-CF CLASS STEP Hourly Biweekly Monthly Annually Supervising Accountant (SUPAC)X 1 $37.12 $2,969.25 $6,433.38 $77,200.56 2 $38.97 $3,117.57 $6,754.74 $81,056.88 3 $40.92 $3,273.50 $7,092.58 $85,110.96 4 $42.96 $3,437.03 $7,446.90 $89,362.80 5 $45.11 $3,609.12 $7,819.76 $93,837.12 RANGE 94-CF CLASS STEP Hourly Biweekly Monthly Annually Senior Analyst (SRAN)X 1 $39.56 $3,164.64 $6,856.71 $82,280.52 2 $41.54 $3,322.94 $7,199.70 $86,396.40 3 $43.62 $3,489.32 $7,560.20 $90,722.40 4 $45.80 $3,663.79 $7,938.21 $95,258.52 5 $48.09 $3,847.29 $8,335.79 $100,029.48 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 61 CLASS STEP Hourly Biweekly Monthly Annually Office Assistant I (OA1)X 1 $17.87 $1,429.48 $3,097.21 $37,166.52 2 $18.76 $1,500.79 $3,251.71 $39,020.52 3 $19.70 $1,575.90 $3,414.45 $40,973.40 4 $20.69 $1,654.81 $3,585.43 $43,025.16 5 $21.72 $1,737.53 $3,764.65 $45,175.80 RANGE 63 CLASS STEP Hourly Biweekly Monthly Annually Animal Health Technician (AHT)X 1 $18.76 $1,500.79 $3,251.71 $39,020.52 2 $19.70 $1,575.90 $3,414.45 $40,973.40 3 $20.69 $1,654.81 $3,585.43 $43,025.16 4 $21.72 $1,737.53 $3,764.65 $45,175.80 5 $22.81 $1,824.53 $3,953.14 $47,437.68 RANGE 64 CLASS STEP Hourly Biweekly Monthly Annually Community Services Program Coordinator I/II - Level I (CSPC)X 1 $19.16 $1,532.64 $3,320.72 $39,848.64 Public Safety Records Clerk (PSRC)2 $20.11 $1,609.18 $3,486.55 $41,838.60 3 $21.12 $1,689.52 $3,660.62 $43,927.44 4 $22.18 $1,774.14 $3,843.96 $46,127.52 5 $23.29 $1,863.03 $4,036.57 $48,438.84 RANGE 66 CLASS STEP Hourly Biweekly Monthly Annually Accounting Specialist I/II – Level I (ASP1)X 1 $20.11 $1,609.18 $3,486.55 $41,838.60 2 $21.12 $1,689.52 $3,660.62 $43,927.44 3 $22.18 $1,774.14 $3,843.96 $46,127.52 4 $23.29 $1,863.03 $4,036.57 $48,438.84 5 $24.45 $1,956.21 $4,238.45 $50,861.40 RANGE 68 CLASS STEP Hourly Biweekly Monthly Annually Secretary I (SEC1)X 1 $21.12 $1,689.52 $3,660.62 $43,927.44 2 $22.18 $1,774.14 $3,843.96 $46,127.52 3 $23.29 $1,863.03 $4,036.57 $48,438.84 4 $24.45 $1,956.21 $4,238.45 $50,861.40 5 $25.68 $2,054.14 $4,450.63 $53,407.56 RANGE 70 CLASS STEP Hourly Biweekly Monthly Annually Accounting Specialist I/II – Level II (ASP2)X 1 $22.18 $1,774.14 $3,843.96 $46,127.52 Technical Director (TECH)2 $23.29 $1,863.03 $4,036.57 $48,438.84 3 $24.45 $1,956.21 $4,238.45 $50,861.40 4 $25.68 $2,054.14 $4,450.63 $53,407.56 5 $26.96 $2,156.82 $4,673.11 $56,077.32 RANGE 74 CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant (AABS) X 1 $24.45 $1,956.21 $4,238.45 $50,861.40 Community Development Assistant (SEC5)2 $25.68 $2,054.14 $4,450.63 $53,407.56 Information Systems Technician I (IST1)3 $26.96 $2,156.82 $4,673.11 $56,077.32 Community Services Program Coordinator I/II - Level II (CSPC2)4 $28.31 $2,264.73 $4,906.92 $58,883.04 5 $29.72 $2,377.87 $5,152.06 $61,824.72 RANGE 76 CLASS STEP Hourly Biweekly Monthly Annually Property Technician (PRPT)X 1 $25.77 $2,061.27 $4,466.08 $53,592.96 2 $27.06 $2,164.43 $4,689.59 $56,275.08 3 $28.41 $2,272.81 $4,924.43 $59,093.16 4 $29.83 $2,386.43 $5,170.60 $62,047.20 5 $31.32 $2,505.75 $5,429.13 $65,149.56 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 78 CLASS STEP Hourly Biweekly Monthly Annually Information Systems Technician II (IST2)X 1 $26.96 $2,156.82 $4,673.11 $56,077.32 2 $28.31 $2,264.89 $4,907.26 $58,887.16 3 $29.73 $2,378.03 $5,152.40 $61,828.84 4 $31.21 $2,497.12 $5,410.42 $64,925.02 5 $32.77 $2,621.75 $5,680.45 $68,165.40 RANGE 81 CLASS STEP Hourly Biweekly Monthly Animal Shelter Supervisor (ALSS)X 1 $29.10 $2,327.96 $5,043.91 $60,526.92 Code Compliance Officer (CCO)2 $30.56 $2,444.43 $5,296.26 $63,555.12 Community Services Supervisor (CSSV)3 $32.08 $2,566.60 $5,560.97 $66,731.64 Crime Analyst (CRA)4 $33.69 $2,694.96 $5,839.07 $70,068.84 PT Fire Inspector (FINS)5 $35.37 $2,829.49 $6,130.56 $73,566.72 Purchasing Agent (PAGT) Theatre Manager (THMG) Planner I/II - Level I (PLNR1) RANGE 83 CLASS STEP Hourly Biweekly Monthly Annually Public Works Inspector (PWIN)X 1 $30.55 $2,443.95 $5,295.23 $63,542.76 Senior Engineering Technician (SRET)2 $32.08 $2,566.13 $5,559.94 $66,719.28 3 $33.68 $2,694.48 $5,838.04 $70,056.48 4 $35.36 $2,829.01 $6,129.53 $73,554.36 5 $37.13 $2,970.68 $6,436.47 $77,237.64 RANGE 85 CLASS STEP Hourly Biweekly Monthly Annually Environmental Coordinator (EVC)X 1 $32.08 $2,566.60 $5,560.97 $66,731.64 Project Coordinator (PJC)2 $33.69 $2,694.96 $5,839.07 $70,068.84 Property and Records Supervisor (PARS)3 $35.37 $2,829.49 $6,130.56 $73,566.72 4 $37.14 $2,971.15 $6,437.50 $77,250.00 5 $38.99 $3,119.47 $6,758.86 $81,106.32 RANGE 87 CLASS STEP Hourly Biweekly Monthly Annually Accountant (ACCT)X 1 $33.69 $2,694.96 $5,839.07 $70,068.84 Management Analyst (MANA)2 $35.37 $2,829.49 $6,130.56 $73,566.72 Planner I/II - Level II (PLNR2)3 $37.14 $2,971.15 $6,437.50 $77,250.00 4 $38.99 $3,119.47 $6,758.86 $81,106.32 5 $40.94 $3,275.40 $7,096.70 $85,160.40 RANGE 89 CLASS STEP Hourly Biweekly Monthly Annually Information Systems Analyst (ISAN)X 1 $35.37 $2,829.49 $6,130.56 $73,566.72 2 $37.14 $2,971.15 $6,437.50 $77,250.00 3 $38.99 $3,119.47 $6,758.86 $81,106.32 4 $40.94 $3,275.40 $7,096.70 $85,160.40 5 $42.99 $3,438.93 $7,451.02 $89,412.24 RANGE 92 CLASS STEP Hourly Biweekly Monthly Annually Community Services Manager (CSMG)X 1 $37.12 $2,969.25 $6,433.38 $77,200.56 Information Systems Operations Manager (ISOM)2 $38.97 $3,117.57 $6,754.74 $81,056.88 Civil Engineer (CIVE)3 $40.92 $3,273.50 $7,092.58 $85,110.96 4 $42.96 $3,437.03 $7,446.90 $89,362.80 5 $45.11 $3,609.12 $7,819.76 $93,837.12 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 94 CLASS STEP Hourly Biweekly Monthly Annually Building Official (BDBO)X 1 $39.93 $3,194.11 $6,920.57 $83,046.84 2 $41.92 $3,353.84 $7,266.65 $87,199.80 3 $44.02 $3,521.65 $7,630.24 $91,562.88 4 $46.22 $3,697.54 $8,011.34 $96,136.08 5 $48.53 $3,882.47 $8,412.01 $100,944.12 CITY OF ROHNERT PARK - PAY RATES AND RANGES Service Employees' International Union (SEIU - Local 1021) - Maintenance Workers *Inactive salary step; acting pay previously incorporated into base salary RANGE 52W STEP Hourly Biweekly Monthly Annually Maintenance Worker Trainee (MWT)1 $15.03 $1,202.72 $2,605.90 $31,270.80 2 $15.79 $1,263.10 $2,736.71 $32,840.52 3 $16.58 $1,326.32 $2,873.70 $34,484.40 4 $17.41 $1,392.88 $3,017.90 $36,214.80 5 $18.28 $1,462.76 $3,169.31 $38,031.72 RANGE 60W STEP Hourly Biweekly Monthly Annually Landscape Maintenance Worker (LMW)1 $17.87 $1,429.48 $3,097.21 $37,166.52 2 $18.76 $1,500.79 $3,251.71 $39,020.52 3 $19.70 $1,575.90 $3,414.45 $40,973.40 4 $20.69 $1,654.81 $3,585.43 $43,025.16 5 $21.72 $1,737.53 $3,764.65 $45,175.80 RANGE 64W STEP Hourly Biweekly Monthly Annually Meter Technician (PWMT)1 $19.57 $1,565.92 $3,392.82 $40,713.84 2 $20.55 $1,644.36 $3,562.77 $42,753.24 3 $21.58 $1,726.60 $3,740.96 $44,891.52 4 $22.66 $1,813.12 $3,928.42 $47,141.04 5 $23.80 $1,903.92 $4,125.15 $49,501.80 RANGE 70W STEP Hourly Biweekly Monthly Annually Maintenance Worker I (MW1)1 $23.95 $1,915.80 $4,150.90 $49,810.80 2 $25.15 $2,011.83 $4,358.96 $52,307.52 3 $26.41 $2,112.61 $4,577.32 $54,927.84 4 $27.73 $2,218.14 $4,805.98 $57,671.76 5 $29.11 $2,328.91 $5,045.97 $60,551.64 RANGE 74W STEP Hourly Biweekly Monthly Annually Fleet Mechanic (FMEC)1 $26.43 $2,114.51 $4,581.44 $54,977.28 Maintenance Worker II (MW2)2 $27.75 $2,220.05 $4,810.10 $57,721.20 3 $29.14 $2,330.81 $5,050.09 $60,601.08 4 $30.59 $2,447.28 $5,302.44 $63,629.28 5 $32.12 $2,569.45 $5,567.15 $66,805.80 *6 $33.71 $2,696.94 $5,843.36 $70,120.34 RANGE 78W STEP Hourly Biweekly Monthly Annually Electrician (ELEC)1 $29.05 $2,324.16 $5,035.67 $60,428.04 2 $30.50 $2,440.15 $5,286.99 $63,443.88 3 $32.03 $2,562.32 $5,551.70 $66,620.40 4 $33.63 $2,690.20 $5,828.77 $69,945.24 5 $35.31 $2,824.74 $6,120.26 $73,443.12 RANGE 79W STEP Hourly Biweekly Monthly Annually Arborist (ARB)1 $29.79 $2,383.10 $5,163.39 $61,960.68 Fleet Services Supervisor (FSS)2 $31.28 $2,502.42 $5,421.92 $65,063.04 Supervising Maintenance Worker (SMW)3 $32.84 $2,627.45 $5,692.81 $68,313.72 4 $34.48 $2,758.66 $5,977.09 $71,725.08 5 $36.21 $2,896.52 $6,275.79 $75,309.48 RANGE 83W STEP Hourly Biweekly Monthly Annually General Services Supervisor (GSSR)1 $32.83 $2,626.50 $5,690.75 $68,289.00 Utilities Services Supervisor (PWUSS)2 $34.47 $2,757.71 $5,975.03 $71,700.36 3 $36.19 $2,895.57 $6,273.73 $75,284.76 4 $38.01 $3,040.56 $6,587.88 $79,054.56 5 $39.91 $3,192.68 $6,917.48 $83,009.76 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) **Hourly rate based on 2,760 2,920 hours annually RANGE 68 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Dispatcher (PSD)XD 1 $25.17 $2,013.25 $4,362.05 $52,344.60 2 $26.42 $2,113.56 $4,579.38 $54,952.56 3 $27.73 $2,218.14 $4,805.98 $57,671.76 4 $29.10 $2,327.96 $5,043.91 $60,526.92 5 $30.54 $2,443.48 $5,294.20 $63,530.40 1 $26.99 $2,159.20 $4,678.27 $56,139.20 2 $28.34 $2,267.20 $4,912.27 $58,947.20 3 $29.76 $2,380.80 $5,158.40 $61,900.80 4 $31.25 $2,500.00 $5,416.67 $65,000.00 5 $32.81 $2,624.80 $5,687.07 $68,244.80 PT Public Safety Dispatcher (PTD) - Hourly 1 $25.17 $26.99 2 $26.42 $28.34 3 $27.73 $29.76 4 $29.10 $31.25 5 $30.54 $32.81 RANGE 69 CLASS STEP Hourly Biweekly Monthly Annually Community Services Officer (CSO)S-CSO 1 $23.07 $1,845.44 $3,998.46 $47,981.52 2 $24.22 $1,937.67 $4,198.28 $50,379.36 3 $25.42 $2,033.70 $4,406.34 $52,876.08 4 $26.68 $2,134.48 $4,624.70 $55,496.40 5 $28.01 $2,240.41 $4,854.22 $58,250.62 1 $23.65 $1,892.00 $4,099.33 $49,192.00 2 $24.83 $1,986.40 $4,303.87 $51,646.40 3 $26.07 $2,085.60 $4,518.80 $54,225.60 4 $27.37 $2,189.60 $4,744.13 $56,929.60 5 $28.74 $2,299.20 $4,981.60 $59,779.20 RANGE 81 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer Trainee (PSOT)S 1 $25.46 $2,036.55 $4,412.52 $52,950.24 RANGE 83 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Communications Supervisor XD 1 $33.39 $2,671.19 $5,787.57 $69,450.84 (PSCS)2 $35.05 $2,804.29 $6,075.97 $72,911.64 3 $36.79 $2,943.58 $6,377.76 $76,533.12 4 $38.61 $3,089.05 $6,692.94 $80,315.28 5 $40.53 $3,242.60 $7,025.63 $84,307.56 1 $34.01 $2,720.80 $5,895.07 $70,740.80 2 $35.71 $2,856.80 $6,189.73 $74,276.80 3 $37.50 $3,000.00 $6,500.00 $78,000.00 4 $39.37 $3,149.60 $6,824.13 $81,889.60 5 $41.34 $3,307.20 $7,165.60 $85,987.20 RANGE 84 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer (PSO)S 1 $32.36 $2,588.94 $5,609.38 $67,312.56 2 $33.97 $2,717.77 $5,888.51 $70,662.12 3 $35.65 $2,852.31 $6,180.00 $74,160.00 4 $37.42 $2,993.50 $6,485.91 $77,830.92 5 $39.27 $3,141.82 $6,807.27 $81,687.24 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) **Hourly rate based on 2,760 2,920 hours annually RANGE 84A CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer I (PSO1)S 1 $33.41 $2,672.80 $5,791.07 $69,492.80 2 $35.08 $2,806.40 $6,080.53 $72,966.40 3 $36.84 $2,947.20 $6,385.60 $76,627.20 4 $38.68 $3,094.40 $6,704.53 $80,454.40 5 $40.61 $3,248.80 $7,039.07 $84,468.80 6 $42.44 $3,395.20 $7,356.27 $88,275.20 RANGE 84B CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer II (PSO2)S 1 $34.25 $2,740.00 $5,936.67 $71,240.00 2 $35.96 $2,876.80 $6,233.07 $74,796.80 3 $37.76 $3,020.80 $6,545.07 $78,540.80 4 $39.65 $3,172.00 $6,872.67 $82,472.00 5 $41.63 $3,330.40 $7,215.87 $86,590.40 6 $43.50 $3,480.00 $7,540.00 $90,480.00 RANGE 84C CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer III (PSO3)S 1 $35.45 $2,836.00 $6,144.67 $73,736.00 2 $37.22 $2,977.60 $6,451.47 $77,417.60 3 $39.08 $3,126.40 $6,773.87 $81,286.40 4 $41.03 $3,282.40 $7,111.87 $85,342.40 5 $43.08 $3,446.40 $7,467.20 $89,606.40 6 $45.02 $3,601.60 $7,803.47 $93,641.60 RANGE 84D CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer IV (PSO4)S 1 $37.22 $2,977.60 $6,451.47 $77,417.60 2 $39.08 $3,126.40 $6,773.87 $81,286.40 3 $41.03 $3,282.40 $7,111.87 $85,342.40 4 $43.08 $3,446.40 $7,467.20 $89,606.40 5 $45.24 $3,619.20 $7,841.60 $94,099.20 6 $47.27 $3,781.60 $8,193.47 $98,321.60 RANGE 86 CLASS STEP **Hourly Biweekly Monthly Annually Fire Assignment Public Safety Officer S 1 $22.41 $2,379.10 $5,154.72 $61,856.65 (FPSO)2 $23.53 $2,497.43 $5,411.11 $64,933.26 3 $24.69 $2,621.03 $5,678.91 $68,146.86 4 $25.91 $2,750.77 $5,960.01 $71,520.11 5 $27.20 $2,887.09 $6,255.36 $75,064.34 RANGE 86A CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer I (FPSO1)S 1 $23.15 $2,599.79 $5,632.88 $67,594.60 2 $24.31 $2,729.74 $5,914.44 $70,973.31 3 $25.53 $2,866.70 $6,211.18 $74,534.12 4 $26.80 $3,009.88 $6,521.40 $78,256.78 5 $28.14 $3,160.06 $6,846.79 $82,161.52 6 $29.41 $3,302.46 $7,155.33 $85,863.95 RANGE 86B CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer II (FPSO2)S 1 $23.73 $2,665.16 $5,774.51 $69,294.07 2 $24.92 $2,798.22 $6,062.81 $72,753.72 3 $26.16 $2,938.29 $6,366.29 $76,395.45 4 $27.47 $3,085.36 $6,684.94 $80,219.27 5 $28.84 $3,239.43 $7,018.76 $84,225.17 6 $30.14 $3,384.94 $7,334.04 $88,008.53 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) **Hourly rate based on 2,760 2,920 hours annually RANGE 86C CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer III (FPSO3)S 1 $24.56 $2,758.53 $5,976.82 $71,721.89 2 $25.79 $2,896.27 $6,275.24 $75,302.93 3 $27.08 $3,041.00 $6,588.84 $79,066.05 4 $28.43 $3,192.74 $6,917.61 $83,011.26 5 $29.85 $3,352.26 $7,263.23 $87,158.79 6 $31.19 $3,503.22 $7,590.31 $91,083.77 RANGE 86D CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer IV (FPSO4)S 1 $25.79 $2,896.27 $6,275.24 $75,302.93 2 $27.08 $3,041.00 $6,588.84 $79,066.05 3 $28.43 $3,192.74 $6,917.61 $83,011.26 4 $29.85 $3,352.26 $7,263.23 $87,158.79 5 $31.35 $3,520.34 $7,627.41 $91,528.87 6 $32.75 $3,678.31 $7,969.66 $95,635.93 RANGE 89 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Sergeant (PSGT)S 1 $37.78 $3,022.02 $6,547.71 $78,572.52 2 $39.65 $3,171.77 $6,872.16 $82,465.92 3 $41.61 $3,329.12 $7,213.09 $86,557.08 4 $43.68 $3,494.55 $7,571.53 $90,858.36 5 $45.84 $3,667.12 $7,945.42 $95,345.04 1 $44.85 $3,588.00 $7,774.00 $93,288.00 2 $47.09 $3,767.20 $8,162.27 $97,947.20 3 $49.44 $3,955.20 $8,569.60 $102,835.20 4 $51.92 $4,153.60 $8,999.47 $107,993.60 5 $54.51 $4,360.80 $9,448.40 $113,380.80 6 $56.97 $4,557.60 $9,874.80 $118,497.60 RANGE 91 CLASS STEP **Hourly Biweekly Monthly Annually Fire Assignment Sergeant (FSGT)S 1 $26.16 $2,777.00 $6,016.83 $72,201.97 2 $27.46 $2,914.58 $6,314.93 $75,779.16 3 $28.82 $3,059.18 $6,628.22 $79,538.66 4 $30.25 $3,211.22 $6,957.65 $83,491.80 5 $31.74 $3,369.80 $7,301.24 $87,614.89 1 $31.08 $3,489.99 $7,561.65 $90,739.83 2 $32.63 $3,664.30 $7,939.31 $95,271.76 3 $34.26 $3,847.16 $8,335.52 $100,026.24 4 $35.97 $4,040.14 $8,753.65 $105,043.74 5 $37.77 $4,241.68 $9,190.32 $110,283.79 6 $39.47 $4,433.11 $9,605.07 $115,260.82 CITY OF ROHNERT PARK - PAY RATES AND RANGES Miscellaneous Part-Time (MISPT2) - Community Services Department RANGE 38 STEP Hourly PT Community Services Leader (PTCSL)1 $10.50 PT Facility Attendant (PTFA)2 $10.77 PT Lifeguard (PTLC)3 $11.31 PT Pool Cashier (PTPC)4 $11.88 5 $12.47 RANGE 43 STEP Hourly PT Senior Community Services Leader (PTSCSL)1 $10.76 2 $11.30 3 $11.87 4 $12.46 5 $13.08 RANGE 45 STEP Hourly PT Senior Lifeguard (PTSRL)1 $11.58 PT Sports Center Coordinator (PTSC)2 $12.16 PT Aquatics Office Assistant (PTAOA)3 $12.77 PT Swim Instructor (PTIL)4 $13.41 5 $14.08 RANGE 53 STEP Hourly PT Pool Manager (PTPMGR)1 $12.46 2 $13.08 3 $13.73 4 $14.42 5 $15.14 RANGE 59 STEP Hourly PT Community Services Coordinator (PTCSC)1 $13.73 2 $14.42 3 $15.14 4 $15.90 5 $16.70 CITY OF ROHNERT PARK - PAY RATES AND RANGES Miscellaneous Part-Time Hourly Positions Administrative/Office Hourly PT Administrative Assistant (PTAA)$10.50 - $28.50 PT Office Assistant (PTO1)$10.50 - $19.00 PT Information Systems Assistant (PTIS)$20.00 - $25.00 PT Technical Advisor (PTTA)$14.25 - $47.50 Temporary Management Analyst (TMAN)$25.00 - $40.00 PT Administrative Intern (PTAI)$10.50 - $19.00 Community Services Hourly PT Custodian (PTC)$11.40 - $14.00 PT Lead Custodian (PTCL)$13.73 - $16.70 Development Services Hourly PT Building Inspector (PTBI)$31.15 - $37.86 Performing Arts Center Hourly PT Box Office Assistant (PTBA)$11.00 - $12.13 PT Arts Center House Manager (PTHM)$10.50 - $12.60 PT Theatre Technician I (PTT1)$10.50 - $13.97 PT Theatre Technician II (PTT2)$12.08 - $15.41 Public Safety Hourly PT Animal Shelter Assistant (ASA)$11.40 - $14.25 PT Community Services Leader (PTCSL)$10.50 - $12.47 PT Public Safety Records Clerk (PTPSRC)$15.00 - $20.00 Public Works Hourly Seasonal Maintenance Assistant (SMA)$11.40 - $14.00 Public Safety Amount/Percentage Euthanasia Certification 7% Stipends by Unit CITY OF ROHNERT PARK - PAY RATES AND RANGES Pensionable Stipends by Unit *Inactive stipend; closed to new hires **Only one POST stipend paid per employee ***Only pensionable for classic PERS members All Units Amount/Percentage Acting Pay 5% - 10% *Longevity 2% - 10% By Employment Contract Amount/Percentage POST Certification Pay (Director of Public Safety) - Executive 10% Confidential Amount/Percentage Bilingual $100/month Educational Incentive - BA/BS, MA/MS $50/month Rohnert Park Employees' Association (RPEA)Amount/Percentage Bilingual $100/month Educational Incentive - MA/MS $50/month Rohnert Park Public Safety Managers' Association (RPPSMA)Amount/Percentage POST Certification Pay (Commanders) - Supervisory 7.0% POST Certification Pay (Commanders) - Management 8.5% Rohnert Park Public Safety Officers' Association (RPPSOA)Amount/Percentage Acting Supervisor/Watch Commander 5% - 10% Acting Lieutenant Commander 10% - 15% Bilingual 2.5% $175/month Canine Handler 3.0% Detective 5.0% Educational - AA/AS (Sergeant, PSO, CSO)1.8% Educational - AA/AS (Dispatcher, Comm Sup)2.4% Educational - BA/BS (Sergeant, PSO, CSO)2.8% Educational - BA/BS (Dispatcher, Comm Sup)3.6% EMT 2.0% Field Training Officer 5.0% Non-Sworn Training Officer 5.0% Fire Specialty 2.0% Fire Engineer 2.5% Fire Captain 4.0% PSO Captain 3.0% Master Officer 5.0% Motorcycle Duty 3% 5% **Intermediate POST Certification 4.5% **Advanced POST Certification 7.0% **POST Supervisory Certification (Sergeant)9.0% POST Field Evidence Tech Certification (CSO)2.5% Property Technician (CSO)5.0% Shift Differential 5.0% Special/Extra Assignments 5.0% ***Uniform Allowance $240/year $1,080/year (sworn); $540/year (CSO) Service Employees' International Union (SEIU)Amount/Percentage Certification and License Program - Level I 2.6% Certification and License Program - Level II 4.5% Certification and License Program - Level III 6.0% Educational Incentive Pay - Level I $75/month Educational Incentive Pay - Level II $100/month Educational Incentive Pay - Level III $135/month ITEM NO. 7C2 1 Meeting Date: April 25, 2017 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works & Community Services Prepared By: Cindy Bagley, Community Services Manager Agenda Title: Lease Agreement with Girls Scouts of Northern California for the Scout Hut RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a site lease agreement with the Girls Scouts of Northern California for use of City-owned space at the Scout Hut (effective May 1, 2017) and supersede Resolution No. 2011-35. BACKGROUND: In 1988 the City of Rohnert Park entered into a lease agreement with the Konocti Girl Scout Council (now known as Girl Scouts of Northern California) for the use of the Scout Hut, located at 295 Santa Alicia Dr (Alicia Park). The agreement allowed for one-year lease terms, renewable for an additional two years at no charge. Up until April of 2010, the lease was renewed every two years. On May 10, 2011, the City Council approved a two-year lease agreement (May 1, 2010 through April 31, 2012) with an option to extend for an additional five years with mutual written consent at no charge. Both the City and the Girl Scouts mutually agreed to the five year extension, which will expire on April 30, 2017. ANALYSIS: The City and the Girl Scouts wish to enter into a new lease agreement for use of the Scout Hut for a term of three years (May 1, 2017 through April 20, 2020) with annual charge of $1. The City would be responsible for all major capital projects and maintenance to the outside of the building to include such projects as roof repairs and the HVAC system. The Girls Scouts would be responsible for the routine maintenance of the facility including general janitorial, supplies and parking lot when being used by the Girl Scouts. The Girl Scouts would also be responsible for all costs associated with utility services in the building and such services will be placed in the name of the Girls Scouts. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7C2 2 OPTIONS CONSIDERED: 1) City staff has determined that collaborating with the Girl Scouts through this lease agreement represents a high value to the community through the Girl Scout mission and participation of Rohnert Park residents. The new site lease would continue the successful collaboration between the City and the Girl Scouts. Staff recommends this option. 2) The City could choose not to enter into an amended lease agreement with the Girl Scouts. This option would potentially give staff the ability to lease the building under more conventional terms and increase revenue through a lease agreement with another tenant. However, based on the location and the size of the building, it is unlikely that such a tenant would be interested in the Scout Hut, leaving the building un-used and the Girl Scouts displaced. Staff does not recommend this option. STRATEGIC PLAN ALIGNMENT: The recommended action is in alignment with Strategic Plan GOAL D: Continue to Develop a Vibrant Community. FISCAL IMPACT/FUNDING SOURCE: There is no financial impact from the Girl Scouts’ continued use of the Scout Hut building. Department Head Approval Date: April 8, 2017 Finance Director Approval Date: N/A City Attorney Approval Date: April 4, 2017 City Manager Approval Date: April 10, 2017 Attachments: 1) Resolution with attached Exhibit A: Lease Agreement RESOLUTION NO. 2017-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE LEASE AGREEMENT WITH THE GIRLS SCOUTS OF NORTHERN CALIFORNIA FOR THE SCOUT HUT LOCATED AT 295 SANTA ALICIA DRIVE EFFECTIVE MAY 1, 2017 AND SUPERSEDE RESOLUTION NO. 2011-35 WHEREAS, the City of Rohnert Park (“City) owns the property located at 295 Santa Alicia Drive, where Scout Hut is located; and WHEREAS, the Girl Scouts of Northern California provides a valuable public service by providing our youth opportunities to learn new skill, develop strong values and help their community; and WHEREAS, the City wishes to lease the Scout Hut to the Girl Scouts in consideration of the valuable public services provided by the Girls Scouts and the Girl Scouts agreement to keep the Scout Hut in good repair; and WHEREAS, the existing lease of the Scout Hut to the Girl Scouts will expire on April 30, 2017; and WHEREAS, the site lease agreement will be for a period of three (3) years with annual rent of one dollars ($1); and WHEREAS, the site lease agreement with the Girl Scouts will supersede the existing lease agreement effective July 1, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a site lease agreement by and between the Girl Scouts of Northern California, a non-profit organization, and the City of Rohnert Park, a municipal corporation, for the City-owned facility located at 295 Santa Alicia Dr Drive in substantially similar form as provided for in “Exhibit A,” attached hereto and incorporated by this reference, subject to minor modifications as approved by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute all documents pertaining to the Lease Agreement for and on behalf of the City of Rohnert Park and to take all action necessary or reasonably required to carry out, give effect to, and/or consummate the transactions contemplated by this Resolution. DULY AND REGULARLY ADOPTED this 25th day of April, 2017. ( 2 ) 2017-044 CITY OF ROHNERT PARK ____________________________________ Jake Mackenzie, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A - Site Lease Agreement with Girl Scouts of Northern California AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A to Resolution Page 1 of 21 1306485v1B 80078/0042 LEASE AGREEMENT This Lease Agreement (this "Lease") is made and entered into as of this 25th day of April, 2017 (the “Agreement Date”), by and between the City of Rohnert Park, a municipal corporation ("Landlord" or "City") and Girl Scouts of Northern California, a non-profit organization ("Tenant" or “Girl Scouts”). Landlord and Tenant are hereafter collectively referred to as the "Parties." RECITALS A. Landlord owns real property located at 295 Santa Alicia Drive, Rohnert Park, California (the "Property"), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. B. The Property includes certain rentable space (the "Premises"), as depicted in Exhibit B attached hereto and incorporated herein by this reference. C. Landlord and Tenant previously entered into that certain Site Lease Agreement dated of May 10, 2011, whereby Tenant agreed to lease the Premises (“Original Lease”). The Original Lease is set to expire on April 30, 2017. D. Landlord and Tenant now desire to terminate the Original Lease, and enter into this new Lease. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Girls Scouts hereby agree as follows: ARTICLE I. BASIC LEASE PROVISIONS 1.1. Landlord's contact information: City of Rohnert Park Darrin Jenkins, City Manager 130 Avram Avenue Rohnert Park, CA 94928 Exhibit A to Resolution Page 2 of 21 1306485v1B 80078/0042 1.2. Tenant's contact information: Jim Rueter, Senior Director 1650 Harbor Bay Parkway Alameda, CA, 94502 1.3. Rented Area - The Premises, commonly described as Scout Hut, depicted in Exhibit B. 1.4. Term – Three (3) years from Agreement Date, unless earlier terminated in accordance with this Lease. 1.5. Expiration Date - The last day of the month in which the term ends. 1.6. Termination of Lease Agreement - This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by either party upon sixty (60) days' written notice. The Parties agree that the property will be intended for use by the Girl Scouts for Girl Scout activities only. The cost of any improvements made as part of this Agreement shall remain the responsibility of the Tenant. 1.7. Option(s) to Extend Term - The Parties may jointly agree to extend the Term for a maximum of two additional years, pursuant to the terms herein. The party seeking to extend the Term must give the other party written notice of its intent to extend the Term not less than ninety (90) days prior to the Expiration Date. 1.8. Base Rent - $1/year. Tenant shall submit the annual rental payment to Landlord as outlined in Section 4.1. ARTICLE II. DEFINITIONS As used in this Lease, the following terms shall have the definitions set forth below. Additional terms are defined in the remainder of this Lease. 2.1. Alterations – means any decorations, modifications, additions, or improvements made in, on, about, under or contiguous to the Premises by or for the benefit of Tenant including but not limited to, telecommunications and/or data cabling, lighting, HVAC, and electrical fixtures, pipes and conduits, partitions, cabinetwork, and carpeting. 2.2. Applicable Laws – is defined in Section 5.4 2.3. Building – the buildings, accessory structures and other improvements located at 295 Santa Alicia Drive, Rohnert Park, Ca 94928. Exhibit A to Resolution Page 3 of 21 1306485v1B 80078/0042 2.4. Environmental Laws – defined in Section 6.5 2.5. Event of Default – failure of tenant to pay Rent as subscribed in Section 4.14 2.6. Hazardous Material is defined in Section 6.5. 2.7. Premises - the rented premises shown on Exhibit B. 2.8. Property - real property located at 295 Santa Alicia Drive, Rohnert Park, Ca 94928. 2.9. Rent – the annual amount payable per Section 1.8. 2.10. "Rules and Regulations" - the Rules and Regulations set forth in Exhibit C attached hereto as such may be modified or amended from time to time by Landlord. 2.11. Term - the term of this Lease as set forth in Section 1.4 as such may be modified pursuant to the terms hereof. ARTICLE III. PREMISES AND TERM 3.1. Leased Premises - Subject to and upon the terms and conditions set forth herein, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises, the Building or the Property and the Premises are being leased AS- IS with all faults. The Parties agree that, based upon their own inspection and estimates, the total estimated square footage of the Premises is 4,050 square feet, notwithstanding any minor variations in measurement or other minor variations that may have occurred in the calculation thereof. 3.2. Term - The Term shall be for the period set forth in Section 1.4 as the same may be extended in accordance with the terms herein. 3.3. No Representation - Tenant acknowledges that neither Landlord nor any of Landlord's agents has made any representation or warranty as to the suitability or fitness of the Premises for the conduct of Tenant's business, and that neither Landlord nor any agent of Landlord has agreed to undertake any alterations or additions or to construct any tenant improvements to the Premises except as expressly provided in this Lease. ARTICLE IV. RENT, OPERATING EXPENSES, AND DEPOSITS 4.1. Annual Rent - Tenant shall pay to Landlord for each year of the Term, the annual Rent set forth in Section 1.8. The annual Rent shall be due and payable to Landlord no later than the Exhibit A to Resolution Page 4 of 21 1306485v1B 80078/0042 15th day of May, each year of the Term without abatement, deduction, claim or offset except as otherwise expressly provided herein, and without prior notice, invoice or demand, at Landlord's address or such other place as Landlord may designate from time to time. 4.2. Late Charge - Tenant acknowledges that the late payment of Rent will cause Landlord to incur administrative costs and other damages, the exact amount of which would be impractical or extremely difficult to ascertain. Landlord and Tenant agree that if Landlord does not receive any payment of Rent within ten (10) calendar days after such payment is due; Tenant shall pay to Landlord as Additional Rent an amount equal to ten percent (10%) of the overdue amount as a late charge for each month or partial month that such amount remains unpaid. The Parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Landlord's acceptance of any late payment and/or late charge therefore shall not be deemed to prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. 4.3. Additional Rent – All additional Rent shall be due and payable upon date of incurrence. ARTICLE V. USE OF PREMISES 5.1. Permitted Use - The Premises shall be used solely for the purpose as specifically zoned in the City's Zoning Ordinance and for no other purpose without the written consent of Landlord, which may be granted or withheld in Landlord's sole discretion. Tenant shall not do or suffer or permit anything to be done in or about the Premises or the Property, nor bring or keep anything therein that would in any way subject Landlord to any liability, increase the premium rate of or affect any fire, casualty, rent, or other insurance relating to the Property or any of the contents of the Building, or cause a cancellation of or give rise to any defense by the insurer to any claim under, or conflict with any policies for such insurance. If any act or omission of Tenant results in an increase in insurance premiums for Landlord, Tenant shall pay to Landlord upon demand the amount of such increase. 5.2. Signage - Tenant shall obtain the prior approval of the Landlord, which approval may be withheld in Landlord's reasonable discretion, before placing any sign or symbol on doors or windows or elsewhere in or about the Premises so as to be visible from the public areas or exterior of the Building, or upon any other part of the Building or Property, including building directories. Any signs or symbols which have been placed without Landlord's approval may be removed by Landlord. Upon expiration or termination of this Lease, all signs installed by Tenant shall be removed and any damage resulting there from shall be promptly repaired by Tenant, or such removal and repair at Landlord's sole discretion may be done by Landlord and the cost charged to Tenant. 5.3. Rules and Regulations - Tenant shall comply with the Rules and Regulations attached hereto as Exhibit C and any amendments or additions thereto promulgated by Landlord from Exhibit A to Resolution Page 5 of 21 1306485v1B 80078/0042 time to time for the safety, care and cleanliness of the Premises, Building and Property. Tenant shall not use or permit any person to use the Property, the Building, or the Premises for any purpose that is contrary to the Rules and Regulations, that violates any Applicable Law, that constitutes waste or nuisance, or that would unreasonably annoy or interfere with other occupants or the Building or the Property. Landlord shall not be responsible to Tenant for the nonperformance or noncompliance by any other tenant or occupant of the Building of or with any of the Rules and Regulations. In the event of any conflict between the provisions of this Lease and the provisions of the Rules and Regulations, the provisions of this Lease shall control. 5.4. Compliance with Laws - Tenant shall procure and maintain all governmental approvals, licenses and permits required for the proper and lawful conduct or Tenant's permitted use of the Premises, including without limitation, compliance with all federal, State and local regulatory agencies requirements. Tenant shall comply with and shall not use the Premises, the Building or the Property, or suffer or permit anything to be done in or about the same which would in any way conflict with any of the following (collectively "Applicable Laws"): (i) the provisions of all recorded covenants, conditions and restrictions applicable to the Building or the Property, or (ii) any federal, state, county, local or other governmental agency rules, regulations, statutes, ordinances, orders, standards, requirements or laws now in force or hereafter enacted, promulgated or issued which are applicable to the Building Services, Property, Premises, the Building, or the use or occupancy thereof including without limitation, programming content and distribution, instructional standards, building, zoning, and public safety and fire code regulations. 5.5. Repairs and Replacements - Tenant shall repair and maintain the Premises, in an order and condition in compliance with Applicable Laws and Tenant shall, at Tenant's sole expense, promptly make all repairs, replacements, alterations, or improvements necessary to comply with all Applicable Laws to the extent that such Applicable Laws are triggered by or relate to (i) Tenant's particular use of the Promises, and/or (ii) any improvements or alterations made by or on behalf of Tenant to the Premises or the Building. If Tenant fails to maintain or keep the Premises in good repair, Landlord may, at Landlord's option and after providing Tenant no less than thirty (30) days' prior written notice, perform any such required maintenance and repairs and within ten days after receipt of Landlord's invoice thereof, Tenant shall pay Landlord's costs incurred in connection with such repairs, plus a percentage of such costs sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses in connection therewith. Except to the extent Tenant is expressly obligated to do so pursuant to this Lease, Landlord shall, at Landlord's sole expense, make all repairs, replacements, alterations, or improvements necessary to comply with all Applicable Laws as in effect as of the Effective Date to the extent that (i) such Applicable Laws relate to the exterior or structural portion of the Building, and (ii) the requirement to undertake such repairs, replacements, alterations, or improvements is not triggered as a result of Tenant's particular use of the Premises. 5.6. Parking - Landlord hereby grants to Tenant a nonexclusive license and right, in common with Landlord and all persons conducting business in the Building and their respective customers, guests, licensees, invitees, employees and agents, to use the parking area located on the Property for vehicular parking, on a "first-come, first-served" basis. The nonexclusive license and right granted pursuant to this Section shall be subject to the Rules and Regulations. Exhibit A to Resolution Page 6 of 21 1306485v1B 80078/0042 ARTICLE VI. ENVIRONMENTAL MATTERS 6.1. Use of Hazardous Materials - Tenant shall not cause or permit any Hazardous Material, as defined in Section 6.5, below to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building or the Property by Tenant or Tenant's agents, employees, contractors, subtenants or invitees (collectively "Tenant Parties"), except for limited quantities of standard office and janitorial supplies, which Tenant shall use, store and dispose of in strict compliance with all Environmental Laws, as defined in Section 6.5 below. Tenant shall comply with all Environmental Laws. 6.2. Notice of Release or Investigation – If, during the Term (including any extensions), Tenant becomes aware of (a) any actual or threatened release of any Hazardous Material on, under, or about the Premises, the Building or the Property, or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of Hazardous Material on, under, or about the Premises, the Building, or the Property, Tenant shall give Landlord written notice of the release or investigation within three (3) days after learning of it and shall simultaneously furnish to Landlord copies of any claims, notices of violation, reports, or other writings received by Tenant that concern the release or investigation. 6.3. Indemnification - Tenant shall defend (with counsel acceptable to Landlord), indemnify and hold harmless Landlord and Landlord's elected and appointed officers, officials, employees, agents, and representatives (collectively, "Indemnitees") from and against any and all liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys' fees and expenses, court costs, expert witness fees and post judgment collection costs) (collectively, "Claims") resulting or arising from or in connection with any release of any Hazardous Material in or about the Premises, the Building, or the Property (unless such release is caused by Indemnitees) or any other violation of any Environmental Law by Tenant, or Tenant Parties. This indemnification includes: (i) losses attributable to diminution in value of Premises or the Building; (ii) loss or restriction of use of rentable space in the Building; (iii) adverse effect on the marketing of any space in the Building; and (iv) all other liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions, administrative or judicial proceedings, orders, or judgments), damages (including consequential and punitive damages), and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation. This indemnity shall not extend to Claims to the extent they are caused by the gross negligence or willful misconduct of Indemnitees. The provisions of this Section shall survive the expiration or termination of this Lease. 6.4. Remediation Obligations - If the presence of any Hazardous Material brought onto the Premises or the Building by Tenant or Tenant Parties results in contamination of the Building, Tenant shall promptly take all necessary actions to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum Exhibit A to Resolution Page 7 of 21 1306485v1B 80078/0042 concentration or action levels, or any governmental agency has issued a cleanup order, at Tenant's sole expense, to return the Premises and the Building to the condition that existed before the introduction or such Hazardous Material. Tenant shall first obtain Landlord's approval of the proposed removal or remedial action. This provision does not limit the indemnification obligation set forth in Section 6.3. 6.5. Definition of Hazardous Material and Environmental Laws - As used in this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste at any concentration that is or becomes regulated by the United States, the State of California, or any government authority having jurisdiction over the Building Hazardous Material includes: (a) any "hazardous substance," as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S. Code §§ 9601-9675); (b) "hazardous waste," as defined in the Resource Conservation and Recovery Act of 1976 (42 U.S. Code §§ 6901- 6992k); (c) any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders imposing liability or standards of conduct concerning any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in effect); (d) petroleum products; (e) radioactive material, including any source, special nuclear, or byproduct material as defined in 42 U.S. Code §§ 2011- 2297g-4; (f) asbestos in any form or condition; and (g) polychlorinated biphenyls ("PCBs") and substances or compounds containing PCBs. As used in this Lease, the term "Environmental Laws" means all federal, state and local laws, ordinances, regulations, rules, orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes, and regulations cited in this Section 6.5, as any of the foregoing may be amended from time to time. ARTICLE VII. OBLIGATIONS FOR UTILITIES AND SERVICES 7.1. Building Services - Landlord shall supply Utility Services and Maintenance Services described below in accordance with this Article VII. Utility Services and the Maintenance Services are collectively referred to as "Building Services." Except as otherwise provided herein, the cost of all Building Services shall be paid by Tenant as Additional Rent in the manner set forth in Section Error! Reference source not found.. 7.1.1 Utility Services - Landlord shall furnish the utility services listed in this Section ("Utility Services") except to the extent that Tenant has separately contracted for the provision of such services. On a schedule to be selected by Tenant ("'Scheduled Utility Hours") Landlord shall supply: (i) electricity for lighting and power suitable for use of the Premises for ordinary general office purposes; (ii) air conditioning and heating as required in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes; (iii) water for drinking and lavatory purposes; and (iv) regular sewer service at the expense of the Tenant. All Utility Services shall be placed in the Tenants name. 7.1.2 Maintenance Services - Landlord shall provide maintenance of all exterior areas of the Building and the Property, (collectively, "Maintenance Services") including without limitation: (i) painting, maintenance and repair of the Building exterior, (ii) maintenance and repair of the Exhibit A to Resolution Page 8 of 21 1306485v1B 80078/0042 Building infrastructure's mechanical, electrical, HVAC and plumbing equipment and systems, and the Building structural components including the roof, foundation, floors and walls, and (iii) maintenance of all public and common areas of the Building and the Property including parking lots, walkways, driveways, utility systems, fire sprinklers, and corridors. Tenant shall be responsible for janitorial service and routine maintenance to the Premises and window cleaning. 7.2. Interruption of Services - Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any Building Service or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements; (b) strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort to do so; (d) accident or casualty; (e) act or default of Tenant or other parties; or (f) any other cause beyond Landlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity without creating any liability of Landlord to Tenant under this Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Tenant's use of the Premises. 7.3. Compliance with Applicable Laws - Landlord and Tenant shall each comply with (and shall cause their respective employees, agents and contractors to comply with) all Applicable Laws, including without limitation all Environmental Laws, whenever either party undertakes any work of construction, alteration or improvement in the Premises or the Building. 7.4. Statutory Notice Possessory Interest Tax - Tenant is advised that under California Revenue and Taxation Code Section 107.6, execution of this Agreement may create a possessory interest in Tenant subject to property taxation. Tenant hereby agrees that if such possessory interest is created and is subject to property taxation, Tenant shall be solely responsible for the payment of said property taxes levied on any such interest. ARTICLE VIII. ALTERATIONS AND ADDITIONS 8.1. Alterations and Improvements –Tenant may not make any Alterations to the Premises or Building without the prior written approval of Landlord. Any Landlord-approved Alterations shall be done at Tenant's expense, in a good and workmanlike manner, in conformity with plans and specifications reviewed and approved by Landlord, and in compliance with all Applicable Laws. Tenant shall obtain all necessary governmental approvals and permits for such Alterations. Tenant shall give Landlord not less than ten (10) business days' notice prior to the commencement of construction so that Landlord may post a notice of non-responsibility on the Premises. In no event shall any Alteration: (i) affect the exterior of the Building, Exhibit A to Resolution Page 9 of 21 1306485v1B 80078/0042 (ii) affect any structural portion of the Building, including without limitation, the roof, (iii) require any change to the basic floor plan of the Premises or any change to the structural or mechanical components of the Premises, (iv) diminish the value of the Premises, (v) result in an increase in demand for Building Services, (vi) cause an increase in the premiums for hazard or liability insurance carried by Landlord, or (vii) overload the floor load capacity or unduly burden the plumbing, heating, ventilation, air conditioning, electrical or other basic systems that serve the Building. 8.2. Liens - Tenant shall not permit any mechanics', suppliers' lien or other liens, to be filed against the Building or the Property or against Tenant's leasehold interest in the Premises. Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. If Tenant fails to cause the release of record of any lien(s) filed against the Premises or Tenant's leasehold estate therein, by payment or posting of a proper bond within ten (10) days from the date of the lien filing(s), then Landlord may, at Tenant's expense, cause such lien(s) to be released by any means Landlord deems proper, including but not limited to payment of or defense against the claim giving rise to the lien(s). All sums reasonably disbursed, deposited or incurred by Landlord in connection with the release of the lien(s), including but not limited to all costs, expenses and attorney's fees, shall be due and payable by Tenant to Landlord as Additional Rent on demand by Landlord. ARTICLE IX. INSURANCE AND INDEMNITY 9.1. Indemnity - To the fullest extent permitted by law, Tenant shall defend (with counsel reasonably acceptable to Landlord), indemnify and hold Indemnitees harmless from and against any and all Claims arising out of or relating directly or indirectly to this Lease or the Premises (including without limitation, Claims for or relating to loss of or damage to property, injury or death of any person, and economic losses and consequential or resulting damage of any kind), including any Claim arising from or in connection with or in any way attributable to: (i) the use or occupancy, or manner of use or occupancy of the Premises, the Building or the Property by Tenant or the Tenant Parties, (ii) any act, error, omission or negligence of Tenant or Tenant Parties or any invitee, guest or licensee of Tenant in, on or about the Property including without limitation Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, any act or omission of Tenant or Tenant Parties, (iii) any activity, work, or thing done, omitted, permitted, allowed or suffered by Tenant or Tenant Parties in, at, or about the Premises, the Building or the Property, and/or (iv) any breach or default in performance of any obligation on Tenant's part in the performance of any covenant or agreement to be performed under this Lease, except to the extent caused by the sole gross negligence or willful misconduct of the Indemnitees. The provisions of this Section shall not be construed or interpreted as restricting, Exhibit A to Resolution Page 10 of 21 1306485v1B 80078/0042 limiting or modifying Tenant's insurance obligations under this Lease and are independent of such obligations. Tenant's compliance with insurance requirements set forth in this Lease shall not restrict, limit or modify Tenant's indemnification obligations hereunder. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 9.2. Tenant's Insurance - Tenant shall, at its sole expense, procure and maintain throughout the Term (plus any later periods where Tenant may be in occupancy of the Premises) all of the insurance coverage, of the type and amounts as described in Exhibit D, attached. ARTICLE X. ASSIGNMENT AND SUBLETTING 10.1. Landlord's Consent Required - Tenant shall not directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, assign, mortgage, pledge, encumber or otherwise transfer this Lease, or permit all or any part of the Premises to be subleased or used or occupied for any purpose by anyone other than Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Any assignment or sublease without Landlord's prior written consent shall, at Landlord's option, be void and shall constitute an Event of Default entitling Landlord to terminate this Lease and to exercise all other remedies available to Landlord under this Lease and at law. 10.2. No Release of Obligations - The consent by Landlord to an assignment or subletting hereunder shall not relieve Tenant or any assignee or subtenant from the requirement of obtaining Landlord's express prior written consent to any other or further assignment or subletting. No subtenant may assign its sublease, or further sublet its subleased premises, without Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion. Neither an assignment or subletting nor the collection of rent by Landlord from any person other than Tenant shall be deemed a waiver of any of the provisions of this Article or release Tenant from its obligations to comply with this Lease, and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease. ARTICLE XI. DAMAGE AND DESTRUCTION 11.1. Repair and Restoration; Termination Rights - If all or part of the Premises is damaged by fire or other casualty, or if the Building is so damaged that access to or use and occupancy of the Premises is materially impaired, within forty-five (45) days of the date of the damage, Landlord shall notify Tenant of the estimated time, in Landlord's reasonable judgment, required for repair or restoration ("Repair Period"). If the estimated Repair Period is one hundred eighty (180) days or less, Landlord shall proceed promptly and diligently to repair or restore the Premises or the portion of the Building necessary for Tenant's occupancy, and this Lease shall remain in effect, except that for the time unusable, Tenant shall receive a Rent abatement for that part of the Premises rendered unusable in the conduct of Tenant's business. If the estimated Repair Period Exhibit A to Resolution Page 11 of 21 1306485v1B 80078/0042 is in excess of one hundred eighty (180) days from the date of the casualty, Landlord, at its option, shall either (a) commence to repair the damage, in which case this Lease shall continue in full force and effect, or (b) terminate this Lease as of the date specified by Landlord in a notice of termination, and this Lease shall terminate on the date specified in the notice. 11.2. Damage Near End of Term - Notwithstanding anything to the contrary set forth in this Article, if the Premises or the Building are damaged during the last twelve (12) months of the Term, Landlord and Tenant shall each have the option to terminate this Lease by giving written notice to the other of the exercise of that option within thirty (30) days after the damage or destruction, and this Lease shall terminate as of the date specified in such notice which shall not be before the date of such notice nor more than 30 days after the date of such notice. 11.3. Rent Apportionment - If Landlord or Tenant elects to terminate this Lease under this Article XI, Tenant shall pay Rent, prorated on a per diem basis and paid up to the date of the casualty. If the Premises are wholly untenantable and this Lease is not terminated, Rent shall abate on a per diem basis from the date of the casualty until Premises are ready for occupancy by Tenant or the default is cured. If part of the Premises are untenantable, Rent shall be prorated on a per diem basis and abated in proportion to the portion of the Premises which is unusable until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was caused by the gross negligence or willful misconduct of Tenant, its employees or agents, then, in such event, Tenant acknowledges that Rent shall not abate or be diminished. 11.4. Waiver of Statutory Provisions - The provisions of this Lease, including those in this Article XI, constitute an express agreement between Landlord and Tenant that applies in the event of any damage to the Premises, Building, or Property. Tenant, therefore, fully waives the provisions of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4), relating to any rights or obligations concerning any such casualty. ARTICLE XII. SURRENDER OF PREMISES; HOLDING OVER 12.1. Surrender of Premises - On expiration of this Lease, Tenant shall surrender the Premises in the same condition as when the Term commenced, ordinary wear and tear excepted. Except for furniture, equipment and trade fixtures (other than those which are affixed to the Premises so that they cannot be removed without material damage to the Premises) all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Lease shall remain on the Premises without compensation to Tenant; provided that, upon reasonable written request of Landlord, Tenant shall, at its expense and without delay, remove any alterations, additions or improvements (including, without limitation, all telecommunications equipment and cabling, and all alterations and improvements made by Tenant) made to the Premises by Tenant and designated by Landlord to be removed, and shall repair any damage to the Premises or the Building caused by such removal. If Tenant fails to complete such removal or to repair the Premises, Landlord may complete such removal and repair, and Tenant shall reimburse Landlord therefore. If Tenant fails to remove such property as Exhibit A to Resolution Page 12 of 21 1306485v1B 80078/0042 required under this Lease, Landlord may dispose of such property in its sole discretion without any liability to Tenant, and further may charge the cost of any such disposition to Tenant. 12.2. Hold Over Tenancy - If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease with Landlord's written consent, Tenant shall be deemed, at Landlord's option, to occupy the Premises as a tenant from month-to-month. During such tenancy (and prior to any termination by Landlord), Tenant agrees to pay Landlord, monthly in advance, an amount equal to the greater of (i) the then fair market rental (as reasonably determined by Landlord) for the Premises, or (ii) one hundred thirty percent (130%) of all Rent and Additional Rent which would become due the last month of the Term, together with all other amounts payable by Tenant to Landlord under this Lease. Except as provided in the preceding sentence, such month-to-month tenancy shall be on the same terms and conditions of this Lease except that any rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to be terminated and shall be inapplicable thereto. Landlord's acceptance of Rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the initial term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's written consent, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay Rent during the holdover period in an amount equal to the greater of: (i) one hundred fifty percent (150%) of the then fair market rental (as reasonably determined by Landlord) for the Premises, or; (ii) two hundred percent (200%) of all Base Rent which would become due the last month of the Term, together with all other amounts payable by Tenant to Landlord. ARTICLE XIII. LANDLORD'S RESERVED RIGHTS 13.1. Rights Reserved to Landlord - Without notice and without liability to Tenant, and without effecting an eviction or disturbance of Tenant's use or possession, Landlord shall have the right to: (i) make changes in the legal status of the Building or the Property as Landlord shall deem appropriate in its sole discretion, provided such changes do not substantially interfere with Tenant's use of the Premises for the Permitted Use; (ii) enter the Premises at reasonable times and with reasonable advance notice (and at any time in the event of an emergency), to inspect or repair the Premises or the Building and to perform any acts related to the safety, protection, reletting, or improvement of the Premises or the Building; (iii) install and maintain signs on and in the Building and the Property; and (iv) make such rules and regulations as, in the reasonable judgment of Landlord, may be needed from time to time for the safety of the tenants, the care and cleanliness of the Premises, the Building and the Property and the preservation of good order therein. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and sales. Tenant shall pay Landlord the cost of re-keying the room upon occupancy of the room. If any emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof. Exhibit A to Resolution Page 13 of 21 1306485v1B 80078/0042 ARTICLE XIV. DEFAULT AND REMEDIES 14.1. Tenant's Default - It shall be an "Event of Default" hereunder if Tenant: (a) fails to pay when due any annual installment of Rent, including without limitation, any Additional Rent, or fails to pay any other amount owed by Tenant to Landlord under this Lease as and when due and such failure continues for five (5) days following written notice thereof to Tenant by Landlord; (b) fails to provide any certificate, instrument or assurance as required by this Lease if the failure continues for ten (10) days after written notice of the failure to Tenant; (c) makes a general assignment for the benefit of its creditors or files a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief or have a proceeding filed against Tenant seeking any relief mentioned in this subsection (c) which is not discharged within sixty (60) days thereafter; (d) has a trustee, receiver or liquidator appointed for Tenant; (e) abandons or vacate the Premises for more than three (3) consecutive months; (f) assigns this Lease or subleases any portion of the Premises; or (g) fails to comply with any other provision of this Lease in the manner required hereunder and such failure continues for thirty (30) days after written notice thereof to Tenant by Landlord (or if the noncompliance cannot by its nature be cured within the 30-day period, if Tenant fails to commence to cure such noncompliance within the 30-day period and thereafter diligently prosecute such cure to completion). 14.2. Remedies on Default - Upon the occurrence of an Event of Default, Landlord shall have the right to pursue any one or more of the following remedies in addition to any other remedies now or later available to Landlord at law or in equity. These remedies are not exclusive but instead are cumulative. (a) Continue Lease - Landlord may continue this Lease in full force and effect. In such case, so long as Landlord does not terminate Tenant's right to possession, this Lease will continue in effect and Landlord shall have the right to collect Rent when due, and may undertake efforts to relet the Premises, or any part of them, to third parties for Tenant's account. Tenant shall be liable to Landlord for all reasonable costs Landlord incurs in reletting the Premises including without limitation, expenses of remodeling the Premises required by the reletting. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the date the Rent is due, less the Rent Landlord Exhibit A to Resolution Page 14 of 21 1306485v1B 80078/0042 receives from any reletting. No act by Landlord allowed by this Section shall terminate this Lease unless Landlord terminates Tenant's right to possession. After an Event of Default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, if Tenant obtains Landlord's consent, Tenant shall have the right to assign or sublet its interest in this Lease, but Tenant shall not be released from liability. (b) Terminate Lease - Landlord may terminate this Lease and Tenant's right to possession of the Premises at any time following an Event of Default. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord shall have the right to recover from Tenant all of the following: (i) The worth, at the time of the award, of any unpaid Rent that had been earned at the lime of termination of this Lease; (ii) The worth, at the time of the award, of the amount of unpaid Rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the unpaid Rent that Tenant proves could have been reasonably avoided; (iii) Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform obligations under this Lease, including, without limitation, brokerage commissions, advertising expenses, expenses of remodeling the Premises for a new tenant, and any special concessions made to obtain a new tenant; and (iv) Any other amounts, in addition to or in lieu of those listed above that may be permitted by law. (c) Receiver - Landlord shall have the right to have a receiver appointed to collect Rent. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this Lease. 14.3. Landlord's Default - Landlord's failure to perform any of its obligations under this Lease shall constitute a Landlord Event of Default hereunder if the failure continues for thirty (30) days after written notice of the failure from Tenant to Landlord. If the required performance cannot be completed within thirty (30) days, Landlord's failure to perform shall not constitute a Landlord Event of Default if Landlord undertakes to cure the failure within such thirty-(30) day period and diligently and continuously attempts to complete the cure as soon as reasonably possible. Tenant waives any right to terminate this Lease and to vacate the Premises upon Landlord's default under this Lease. Tenant's sole remedy on Landlord's default is an action for damages or injunctive or declaratory relief. Exhibit A to Resolution Page 15 of 21 1306485v1B 80078/0042 ARTICLE XV. MISCELLANEOUS 15.1. No Waiver - No receipt and retention by Landlord of any payment tendered by Tenant in connection with this Lease shall constitute an accord and satisfaction, or a compromise or other settlement, notwithstanding any accompanying statement, instruction or other assertion to the contrary unless Landlord expressly agrees to an accord and satisfaction, or a compromise or other settlement, in a separate writing duly executed by Landlord. Landlord will be entitled to treat any such payments as being received on account of any item or items of Rent, interest, expense or damage due in connection herewith, in such amounts and in such order as Landlord may determine at its sole option. Failure of any party to exercise any right in one or more instance shall not be construed as a waiver of the right to strict performance or as an amendment to or modification of this Lease. Any waiver of any condition or provision set forth in this Lease shall not be deemed a waiver of any subsequent breach of such condition or provision or of any other condition or provision, nor shall any such waiver be deemed a continuing waiver. 15.2. Severability - The Parties intend this Lease to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted by law. If an arbitrator or a court of competent jurisdiction holds any provision hereof to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Lease would be defeated by loss of the invalid or unenforceable provision. 15.3. Governing Law; Venue; Construction - This Lease shall be construed according to the laws of the State of California without regard to principles of conflict of laws. Any action or proceeding that relates to, or arises from, this Lease shall be brought in a state court of competent jurisdiction located in Sonoma County. The captions used for the Sections and Articles of this Lease have been inserted for convenience only and shall not be used to alter or interpret the content of this Lease. 15.4. Binding Effect: Survival - The covenants, conditions, warranties and agreements contained in this Lease shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. The representations and warranties of Landlord and Tenant and the indemnification obligations of Landlord and Tenant set forth herein shall survive the expiration or termination of this Lease as shall all other provisions hereof which are intended to survive such expiration or termination. 15.5. Time - Time is of the essence of each provision of this Lease. 15.6. Entire Agreement; Amendments - This Lease and Exhibits A, B, C, and D attached hereto and incorporated herein by this reference, constitutes the final, complete, and exclusive statement of the terms of the agreement between Landlord and Tenant pertaining to the lease of Exhibit A to Resolution Page 16 of 21 1306485v1B 80078/0042 the Premises and supersedes all prior and contemporaneous understandings or agreements of the parties. This Lease may not be amended or modified except in a writing signed by both Parties. 15.7. Notices - All notices delivered pursuant to this Lease shall be in writing and delivered to Landlord or Tenant at the applicable address designated in Section 1.1 or to such other address as may hereafter be designated by either party by written notice delivered to the other party in accordance with this Section. Such notices shall be effective on the earlier to occur of actual receipt or: (i) if mailed, three (3) days after posting at a United States post office, (ii) upon receipt if mailed by certified mail with return receipt requested, and (iii) upon delivery if delivered by overnight delivery service and delivery is confirmed by the delivery service. 15.8. Force Majeure - Except as otherwise provided in this Lease, the time for performance of an obligation other than payment of money under this Lease shall be extended for the period during which a party is prevented from performing due to Unavoidable Delay. "Unavoidable Delay" shall mean any and all delay beyond the applicable party's reasonable control, including without limitation, delays caused by the other party; governmental restrictions, regulations, controls, preemptions or delays; orders of civil, military or naval authorities; strikes, labor disputes, lock-outs, shortages of labor or materials or reasonable substitutes therefore; Acts of God; fire, earthquake, floods, explosions or other casualties; extreme weather conditions or other actions of the elements; enemy action, civil commotion, riot or insurrection. 15.9. Attorneys' Fees: Prejudgment Interest - If the services of an attorney are required by any party to secure the performance hereof or otherwise upon the breach or default of the other party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Lease, or if the services of an attorney are required upon the bankruptcy of a party to this Lease to compel or object to assumption or rejection of this Lease, seek relief from the automatic stay or object to an action to recover a preference or fraudulent transfer, the prevailing party shall be entitled to reasonable attorneys' fees, costs, expert witnesses fees, post judgment collection costs, and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of the breach of this Lease or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law. 15.10. Authority - Each party warrants and represents that it has full authority to enter into this Lease, that this Lease constitutes a binding obligation of such party, and that the individual(s) signing on behalf of such party are duly authorized to bind such party hereto. 15.11. Landlord Approval - Whenever the consent or approval of Landlord is required hereunder, such consent or approval may be granted or withheld by the City Manager or his or her designee, unless the City Manager determines in his or her discretion that such matter shall be referred to Landlord's governing body for consideration. 15.12 Counterparts - This Lease may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached there from without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical Exhibit A to Resolution Page 17 of 21 1306485v1B 80078/0042 thereto except having additional signature pages executed by any other party. This Lease shall take effect when signed by all Parties. 15.13 Original Lease. This Lease terminates the Original Lease. Except for the provisions of the Original Lease, such as Section 9.1 regarding indemnity, that survive termination of the Original Lease, the Original Lease is of no further force and effect. NOW THEREFORE, Landlord and Tenant executed this Lease as of the date first written above. LANDLORD: TENANT: CITY OF ROHNERT PARK GIRL SCOUTS OF NORTHERN CALIFORNIA By:________________________/_______ By:___________________________/_ Name:____________________ (Date) Name: ______________________ (Date) Title:______________________________ Title:________________________________ ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney List of Exhibits Exhibit A: Property Description Exhibit B: Map of Premises Being Leased Exhibit C: Rules and Regulations for Property Exhibit D: Insurance Requirements Exhibit A to Resolution Page 18 of 21 1306485v1B 80078/0042 EXHIBIT A PROPERTY DESCRIPTION Scout Hut, 295 Santa Alicia Drive, Rohnert Park, California. The building is zoned Public Institutional. Exhibit A to Resolution Page 19 of 21 1306485v1B 80078/0042 EXHIBIT B MAP OF PREMISES Scout Hut Exhibit A to Resolution Page 20 of 21 1306485v1B 80078/0042 EXHIBIT C RULES AND REGULATIONS FOR PROPERTY Alcohol No alcohol is permitted on the premises. No-Smoking Smoking is prohibited in and around all City facilities pursuant to Ordinance No. 813 adopted April 28, 2009. Music and Noise Levels User groups are requested to keep loud noise at a courteous level in the building and parking lot areas. Minors Activities for minors (18 and under) must be supervised by responsible adult for the entire period of the activity. Securing the facility The Tenant shall be responsible for securing the Facility upon exit. Zoning Ordinance All other applicable zoning ordinance/restrictions for said property Exhibit A to Resolution Page 21 of 21 1306485v1B 80078/0042 EXHIBIT D INSURANCE REQUIREMENTS (1) Commercial general liability insurance including contractual liability coverage, written on an "occurrence" policy form, covering bodily injury, property damage and personal injury arising out of or relating (directly or indirectly) to Tenant's operations, assumed liabilities, or use or occupancy of the Premises, the Building or the Property naming the Landlord as an additional insured, with minimum coverage in the amount of Two Million Dollars ($2,000,000) per occurrence combined single limit for bodily injury and property damage and Two Million Dollars ($2,000,000) in the aggregate; (2) Property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then available standard forms of "special risk" insurance policies, covering Tenant's personal property and trade fixtures in or about the Premises or the Property, and any improvements or Alterations in the Premises, in an amount of one hundred percent (l00%) of actual replacement cost or highest insurable value; (c) Workers' compensation and employers liability insurance of not less than one million dollars ($1,000,000); and (d) If Tenant operates owned, leased or non-owned vehicles on the Property, comprehensive automobile liability insurance with a minimum coverage of one million dollars ($1,000,000) per occurrence, combined single limit. The foregoing policies shall protect Tenant as named insured, and Landlord and the other Indemnitees as additional insured’s. Landlord reserves the right to increase the foregoing amount of required liability coverage from time to time (but not more than once each calendar year) and to require that Tenant cause any Tenant Parties conducting activities in or about or occupying the Premises to obtain and maintain similar types and amounts of insurance. Each insurance policy must include an endorsement to provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord by reason of acts or omission of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof, including appropriate endorsements, shall be delivered to Landlord by Tenant on or before the Agreement Date, and thereafter renewal policies, certificates, and appropriate endorsements at least thirty (30) days prior to the expiration dates of expiring policies. Tenant shall cause its insurance companies issuing general liability, property (first party) insurance, and workers' compensation insurance to waive any subrogation rights that those companies may have against Landlord, as long as the insurance is not invalidated by the waiver. ITEM NO. 7C3 1 Meeting Date: April 25, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Approving the Final Budget, Appropriations and Change Order Authority for the Eastside Trunk Sewer Phase 3, Snyder Lane Widening and Community Center Parking Lot Project RECOMMENDED ACTIONS: 1. Adopt a Resolution authorizing increases to the budget, change order authority, and appropriations for the Eastside Trunk Sewer Phase 3, Snyder Lane Widening and Community Center Parking Lot Project (City Project 14-01) BACKGROUND: The City of Rohnert Park’s (City’s) General Plan and Public Facilities Finance Plan describe the Eastside Trunk Sewer and Snyder Lane Widening projects as necessary to support new development in the eastern portion of Rohnert Park. During development of these two projects, staff worked with its consultant to include repaving the Community Center Parking Lot within the project scope because it could be accomplished efficiently and cost-effectively while paving Snyder Lane. On April 28, 2015, the City Council approved the Plans and Specifications for East Side Trunk Sewer Phase 3, Snyder Lane Widening and Community Center Parking Lot Project (Project) and awarded a construction contract to Ghilotti Construction, who is currently finalizing minor punch list items in anticipation of City acceptance. The total approved budget for the Project is $14,097,403.64 and is largely funded from the City PF Fee Fund (development impact fees). This budget includes an approved construction change order allowance of 20% or $1,892,894.00 to support both City requested changes and unanticipated changes in the Project’s scope. As part of finalizing the project, City staff and its construction manager analyzed all project elements and change orders and recognized that budget transfers would be necessary to ensure that all project beneficiaries paid their fair share of the project. Staff also realized the need for modest amendments to both the project budget and change order authority to cover costs that exceeded the estimates made in August 2016, when staff last updated Council on this project. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7C3 2 ANALYSIS: The Project is both technically and fiscally complex. The completed project includes:  installation of new sewer and storm drain lines to serve new development;  widening of Snyder Lane from Southwest Boulevard to San Francisco Drive to serve new development;  resurfacing of the existing westerly portion of Snyder Lane from East Cotati Avenue to San Francisco Drive to benefit existing development;  resurfacing of the parking lot at the Community Center Complex to benefit existing development;  installation of improved pedestrian crossings at the Copeland Creek multi-use paths and the intersection of Snyder Lane and Medical Center Drive to mitigate the impacts of development;  repairs to Snyder Lane between Keiser Avenue and Golf Course Drive to respond to storm damage experienced during the winter of 2015 (change order work);  repairs and upgrades to manage existing unforeseen underground utility deficiencies in the project area to benefit existing development (change order work); and  extensive coordination with and support of PG&E for relocation of their facilities primarily to benefit new development (change order work). The budget for this complex project also has a blended funding mix including:  $11,439,718.64 from the Public Facilities Fee Fund to cover new development’s share of the project;  $1,012,440 from Gas Tax funds to support existing development’s share of the roadway resurfacing;  $800,000 from the 2007R Bond proceeds to cover the cost of the Community Center Parking Lot resurfacing;  $500,245 in Casino Mitigation funds to support existing development’s share of roadway resurfacing;  $240,000 from the Traffic Signal Fee Fund to cover the costs of the improved pedestrian crossings; and  $105,000 from the Sewer Utility to cover the costs of unforeseen underground utility deficiencies. At this point in time, staff is working to close out the project and has recognized the need for the following items. 1. An increase to the project budget of $32,596.36 or 0.23% to account for the actual work completed. This will increase the total project budget from $14,097,403.64 to $14,130,000.00. 2. An increase in the City Manager’s change order authority, from 20% to 22%, to allow the City to make its final payment to the contractor. Staff anticipates that the actual change order percentage will be 20.52% but is seeking slightly higher authority in order to be to complete the project paperwork without additional delays. 3. An amendment of $29,307.00 to the contract for construction management services to account for the actual time spent by the City’s construction manager. This will increase the construction manager’s fee from $959,500 to $988,807 or 7% of the final construction costs. This is at the low end of the industry standard range of 8% to 12%. ITEM NO. 7C3 3 4. New appropriations to account for the fact that while the Eastside Trunk Sewer Phase 3 and Community Center Parking Lot components finished under their approved budgets, the Snyder Lane Widening component finished over budget. Because these project components are funded from different funds, adjustments in appropriations are necessary, to ensure that new development pays the costs of improvements that benefit new development. These appropriations are described in more detail under Fiscal Impact/Funding Source. While all of the requested changes to budget, appropriations and change order authority are minor in the context of a multi-faceted $14 million capital improvement project, they are necessary to allow to staff to close out and complete the project. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The requested actions are necessary to complete the project and ensure that the Project’s costs are appropriately allocated to the Project’s beneficiaries. FISCAL IMPACT/FUNDING SOURCE: As described above, the “top line” budget impact of the requested changes is $32,596.36 or 0.23% of the currently approved budget of $14,097,403.64. However, because of the multiple funding sources, the actual fiscal impacts vary between the funding sources. Table 1 presents the budgeted funding for the project and compares it to the actual project costs that were incurred. The Table also indicates the budget adjustments necessary from each fund to complete the project. The table illustrates that there are savings compared to budget for most of the City’s local funding sources (RDA bonds, Gas Tax and Casino Mitigation) and that the project cost increases are largely funded by developer mitigation funds (Public Facilities Fund and Traffic Signal Fee Fund). The additional sewer utility funds are required because the City elected to make improvements to the existing sewer collection system in the vicinity of the new Eastside Trunk Sewer. Table 1 – Project Funding Source Budgeted Funding Actual Costs Requested Increase (Decrease) in Funding Project Components Funded Public Facility Fee (Fund 165) $11,439,718.64 $12,157,873.53 $718,154.89 Eastside Trunk Sewer 3 & Snyder Widening Gas Tax (Fund 130) $1,012,440.00 $817,472.49 ($194,967.51) Snyder Lane Repaving 2007R Bonds (Fund 325) $800,000.00 $513,353.49 ($286,646.51) Community Center Parking Lot Paving Casino Mitigation (Fund 184) $500,245.00 $158,303.56 ($341,941.44) Snyder Lane Repaving Traffic Signal Fee (Fund 150) $240,000.00 $294,000.000 $54,000.00 Camino Corto signal & lighted crosswalks Sewer Utility (Fund 540) $105,000.00 $188,996.93 $83,996.93 Improvements to collection system Totals $14,097,403.64 14,130,000.00 $32,596.36 ITEM NO. 7C3 4 Resolution Exhibit A contains additional detail on the requested funding modifications for the project. Department Head Approval Date: 03/13/2017 Finance Director Approval Date: 04/11/2017 City Attorney Approval Date: 04/10/2017 City Manager Approval Date: 04/13/2017 Attachments (list in packet assembly order): 1. Resolution Authorizing Increases to the Budget, Change Order Authority and Appropriations for the East Side Trunk Sewer Phase 3, Snyder Lane Widening and Community Center Parking Lot Project 2. Resolution Exhibit A - Final True-Up: Expenses to Funding 3. Resolution Exhibit B - Amendment 1 to the Design Professional Services Agreement between the City of Rohnert Park and GHD, Inc. 1 2017-045 RESOLUTION NO. 2017-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING INCREASES TO THE BUDGET, CHANGE ORDER AUTHORITY, AND APPROPRIATIONS AND RELATED ACTIONS FOR THE EASTSIDE TRUNK SEWER PHASE 3, SNYDER LANE WIDENING AND COMMUNITY CENTER PARKING LOT PROJECT (CITY PROJECT 2014-01) WHEREAS, the Snyder Lane Widening and Eastside Trunk Sewer are identified in the City’s General Plan as capital improvement projects necessary to serve planned growth in the City; and WHEREAS, during the design of these projects, the City recognized the opportunity to reduce costs and enhance the delivery of public service by including the Community Center Parking Lot paving within the project design; and WHEREAS, in May 2015, the City awarded the contract for construction of the Eastside Trunk Sewer Phase 3, Snyder Lane Widening and Community Center Parking Lot Project to Ghilotti Construction Inc. and retained GHD Inc. as its construction manager; and WHEREAS, the Eastside Trunk Sewer, Snyder Lane Widening and Community Center Parking Lot Project is nearing completion and minor amendments to the Project’s budget and appropriations and the City Manager’s change order authority are necessary to complete the work and ensure that new development pays its fair share of the costs; and WHEREAS, the construction manager is providing the City with unanticipated additional assistance in order to complete the project which necessitates a small increase in its fee for services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. The above recitals are true and correct and material to this Resolution. 2. The budget for the Eastside Trunk Sewer, Snyder Lane Widening and Community Center Parking Lot project is increased from $14,097,403.64 to $14,130,000.00. 3. The Finance Director is authorized and directed to make transfers and increase appropriations in accordance with Exhibit A, attached and incorporated herein by reference. 4. The City Manager is hereby authorized to execute change orders in an amount up to 22% of the construction contract or $2,097,569.85. 5. The City Manager is hereby authorized to execute Amendment 1 to the Design Professional Services Agreement with GHD Inc. for an amount not to exceed $29,307.00 in substantially similar form to Exhibit B, attached and incorporated herein by reference and subject to minor revisions by the City Attorney or City Manager. 2 2017-045 DULY AND REGULARLY ADOPTED this 25th day of April, 2017. CITY OF ROHNERT PARK ____________________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibits A and B AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) RE S O L U T I O N E X H I B I T A FI N A L T R U E - U P : E X P E N S E S T O F U N D I N G NO N - C O N S T R U C T I O N CO N T R A C T E X P E N S E S Ne w t o e x i s t i n g s h a r e o f r o a d w a y $2 , 5 2 6 , 8 8 7 . 5 3 Su b t o t a l O t h e r E x p e n s e s * 7, 0 6 2 , 0 1 3 . 4 9 $ t o t a l Br e a k d o w n b y P r o j e c t 6, 3 7 6 , 5 5 5 . 2 9 $ 9 0 . 2 9 % Sn y d e r 77 . 0 4 % $ 1 , 9 4 6 , 7 3 3 . 5 3 68 5 , 4 5 8 . 2 0 $ 9 . 7 1 % ES T S 3 19 . 3 2 % $ 4 8 8 , 1 1 5 . 8 8 CC P k g L o t 3. 6 4 % $ 9 2 , 0 3 8 . 1 3 * O t h e r E x p e n s e s i n c l u d e s t a f f t i m e , c o n s u l t a n t ( d e s i g n , C M , e t c . ) t h a t a r e n o t s u b p r o j e c t - o r i t e m - s p e c i f i c a n d a r e s p r e a d t o th e e n t i r e " 1 4 0 1 " p r o j e c t . 31 0 - 1 4 0 1 5 4 0 - 1 4 0 1 1 4 0 7 SN Y D E R L A N E E S T S 3 Se w e r CC P k g L o t EX P E N S E S Ne w U s e r E x i s t i n g U s e r N o f K e i s e r Ne w U s e r E x i s t i n g U s e r Co n t r a c t 6 , 3 7 6 , 5 5 5 . 2 9 $ 6 8 5 , 4 5 8 . 2 0 $ - $ 2 , 0 6 6 , 1 2 2 . 0 0 $ 4 0 6 , 2 7 2 . 9 1 $ 9 , 5 3 4 , 4 0 8 . 4 0 $ CC O s 1 , 6 9 0 , 9 6 8 . 7 7 $ 2 7 , 0 8 5 . 0 0 $ 7 2 , 5 6 6 . 6 9 $ ( 1 , 3 7 7 . 0 0 ) $ 1 5 4 , 9 2 7 . 6 5 $ 1 2 , 2 6 4 . 0 0 $ 1 , 9 5 6 , 4 3 5 . 1 1 $ Ot h e r E x p e n s e s ( s t a f f , c o n s u l t a n t s , e t c . ) 1 , 7 5 7 , 7 7 8 . 2 9 $ 1 8 8 , 9 5 5 . 2 4 $ - $ 4 5 4 , 0 4 6 . 6 0 $ 3 4 , 0 6 9 . 2 8 $ 9 2 , 0 3 8 . 1 3 $ 2 , 5 2 6 , 8 8 7 . 5 3 $ DC E l e c t r i c & P G & E 2 8 , 7 7 2 . 8 9 $ 7 , 2 1 4 . 3 9 $ - $ 3 5 , 9 8 7 . 2 8 $ Re m a i n i n g e n c u m b r a n c e s , s t a f f t i m e t o c l o s e 5 7 , 0 5 7 . 0 7 $ 1 , 7 1 0 . 9 2 $ $ 1 4 , 7 3 5 . 2 4 $ 2 , 7 7 8 . 4 5 7 6 , 2 8 1 . 6 8 $ TO T A L P R O J E C T E X P E N S E S ( p r o j e c t e d ) 9 , 9 1 1 , 1 3 2 . 3 0 $ 9 0 3 , 2 0 9 . 3 6 $ 7 2 , 5 6 6 . 6 9 $ 2 , 5 4 0 , 7 4 1 . 2 3 $ 1 8 8 , 9 9 6 . 9 3 $ 5 1 3 , 3 5 3 . 4 9 $ 1 4 , 1 3 0 , 0 0 0 . 0 0 $ BU D G E T E D FU N D I N G PF F 7 , 0 7 9 , 6 5 6 . 6 4 $ 4 , 3 6 0 , 0 6 2 . 0 0 $ - $ 1 1 , 4 3 9 , 7 1 8 . 6 4 $ GA S T A X 1 , 0 1 2 , 4 4 0 . 0 0 $ - $ - $ 1 , 0 1 2 , 4 4 0 . 0 0 $ CA S I N O 2 8 5 , 0 0 0 . 0 0 $ 2 1 5 , 0 0 0 . 0 0 $ 2 4 5 . 0 0 $ 5 0 0 , 2 4 5 . 0 0 $ TR A F F I C S I G N A L I Z A T I O N 2 4 0 , 0 0 0 . 0 0 $ - $ - $ 2 4 0 , 0 0 0 . 0 0 $ SE W E R U T I L I T Y 10 5 , 0 0 0 . 0 0 $ - $ 1 0 5 , 0 0 0 . 0 0 $ BO N D ( F U N D 3 2 5 ) - $ - $ 8 0 0 , 0 0 0 . 0 0 $ 8 0 0 , 0 0 0 . 0 0 $ Su b t o t a l f u n d i n g 7 , 3 1 9 , 6 5 6 . 6 4 $ 1 , 2 9 7 , 4 4 0 . 0 0 $ - $ 4 , 3 6 0 , 0 6 2 . 0 0 $ 3 2 0 , 0 0 0 . 0 0 $ 8 0 0 , 2 4 5 . 0 0 $ 1 4 , 0 9 7 , 4 0 3 . 6 4 $ FU N D I N G O V E R / ( U N D E R ) ( 2 , 5 9 1 , 4 7 5 . 6 6 ) $ 3 9 4 , 2 3 0 . 6 4 $ ( 7 2 , 5 6 6 . 6 9 ) $ 1 , 8 1 9 , 3 2 0 . 7 7 $ 1 3 1 , 0 0 3 . 0 7 $ 2 8 6 , 8 9 1 . 5 1 $ ( 3 2 , 5 9 6 . 3 5 ) $ AD D I T I O N A L RE Q U E S T E D AP P R O P R I A T I O N S FU N D I N G N E E D E D PF F t r a n s f e r f r o m E S T S 3 1 , 8 1 9 , 3 2 0 . 7 7 $ ( 1 , 8 1 9 , 3 2 0 . 7 7 ) $ - $ - $ PF F 7 1 8 , 1 5 4 . 8 9 $ 71 8 , 1 5 4 . 8 9 $ GA S T A X (2 6 7 , 5 3 4 . 2 0 ) $ 7 2 , 5 6 6 . 6 9 $ - $ - $ ( 1 9 4 , 9 6 7 . 5 1 ) $ CA S I N O - $ ( 1 2 6 , 6 9 6 . 4 4 ) $ - $ ( 2 1 5 , 0 0 0 . 0 0 ) $ ( 2 4 5 . 0 0 ) $ ( 3 4 1 , 9 4 1 . 4 4 ) $ TR A F F I C S I G N A L I Z A T I O N 5 4 , 0 0 0 . 0 0 $ - $ - $ 5 4 , 0 0 0 . 0 0 $ SE W E R U T I L I T Y - $ 8 3 , 9 9 6 . 9 3 $ - $ 8 3 , 9 9 6 . 9 3 $ BO N D ( F U N D 3 2 5 ) - $ - $ ( 2 8 6 , 6 4 6 . 5 1 ) $ ( 2 8 6 , 6 4 6 . 5 1 ) $ Su b t o t a l f u n d i n g 2, 5 9 1 , 4 7 5 . 6 6 $ ( 3 9 4 , 2 3 0 . 6 4 ) $ 7 2 , 5 6 6 . 6 9 $ ( 1 , 8 1 9 , 3 2 0 . 7 7 ) $ ( 1 3 1 , 0 0 3 . 0 7 ) $ ( 2 8 6 , 8 9 1 . 5 1 ) $ 3 2 , 5 9 6 . 3 6 $ FU N D I N G O V E R / ( U N D E R ) - ( 0 . 0 0 ) - - - 0 . 0 0 0 . 0 0 (3 2 , 5 9 6 . 3 5 ) 2/ 9 / 1 7 N o t e s : (1 ) A p p l y n e w / e x i s t i n g u s e r p e r c e n t a g e s f o r e a c h o f S n y d e r a n d E S T S a n d c h e c k a g a i n s t f u n d i n g (2 ) F i g u r e o u t w h a t f u n d i n g ( n e w / e x i s t i n g ) i s s h o r t i n S n y d e r L a n e a f t e r n e w / e x i s t i n g u s e r s h a r e s a r e r e - a p p l i e d (3 ) M o v e s o m e o r a l l o f r e m a i n i n g P F F f u n d i n g a p p r o p r i a t i o n f r o m 5 4 0 - 1 4 0 1 t o 3 1 0 - 1 4 0 1 (4 ) A ss u m e s r e c l a s s e s ( P G & E , e t c . ) a n d m o v i n g o f e x p e n s e s ( h a b i t a t m i t i g a t i o n t o 1 4 0 1 - 5 9 0 1 ) h a p p e n s . Pr o p o s e d n e w / r e v i s e d f u n d i n g (a ) S N Y D E R N E W U S E R S H O R T F A L L : M o v e e x c e s s P F F a p p r o p r i a t i o n f r o m E S T S 3 t o S n y d e r (a ) S N Y D E R N E W U S E R S H O R T F A L L : R e q u e s t a d d i t i o n a l P F F a p p r o p r i a t i o n t o S n y d e r ( 3 1 0 - 1 4 0 1 ) (b ) S N Y D E R E X I S T I N G U S E R S H O R T F A L L : M o v e e x c e s s C a s i n o a p p r o p r i a t i o n f r o m E S T S 3 t o S n y d e r (c ) S N Y D E R E X I S T I N G U S E R S H O R T F A L L : R e q u e s t a d d i t i o n a l G a s T a x a p p r o p r i a t i o n (d ) E S T S 3 E X I S T I N G U S E R S H O R T F A L L : R e q u e s t a d d i t i o n a l S e w e r U t i l i t y P: \ C I P \ 2 0 1 4 \ 1 4 0 1 ES T S 3 & Sn y d e r Wi d e n i n g \ F u n d i n g \ 1 4 0 1 pr o j e c t tr u e up _ 2 0 1 7 ‐04 ‐06 . x l s x ‐ ‐ TR U E ‐UP _ a n d R E C L A S S E S n e e d e d 1 of 1 Exhibit B to Resolution Updated: 2015-08-27 FIRST AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT RE: CONSTRUCTION MANAGEMENT FOR THE EASTSIDE TRUNK SEWER PHASE III AND SNYDER LANE WIDENING PROJECT 2014-01 This First Amendment to the Agreement between the City of Rohnert Park (“City”) and GHD Inc. Inc. (“Design Professional”), for additional services (“First Amendment”) is entered into as of the 25th day of April 2017, (“Effective Date”), by and between City and Design Professional. RECITALS A. City and Design Professional are parties to an agreement entitled Design Professional Services Agreement RE: Construction Management for the Eastside Trunk Sewer Phase III and Snyder Lane Widening Project 12014-01 dated March 10, 2015, which was authorized by City Council Resolution 2015-044 for an amount not to exceed $959,500 (“Agreement”). B. City and Design Professional now desire to enter into this First Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. In addition to the Scope of Services required by Section 1 of the Agreement, Design Professional shall provide additional construction management services that are necessary as a result of unanticipated delays, change orders, and other events that occurred during construction of the Project, as particularly described in Exhibit A, which is attached hereto and incorporated herein. 2. Compensation. Design Professional shall perform the Scope of Services described in this First Amendment for an amount not to exceed $29,307.00. The second sentence of Section 3(A) of the Agreement is amended and restated in its entirety as follows: “However, in no event shall the amount City pays Design Professional exceed Nine-Hundred Eighty-Eight Thousand Eight Hundred and Seven Dollars ($988,807.00).” 3. Time of Performance. The Scope of Services described in this First Amendment shall be completed by December 31, 2017, unless extended in writing by the City Engineer or his/her designee. 4. Agreement in Effect. Unless explicitly amended by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. 5. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. (signatures on next page) Exhibit B to Resolution Updated: 2015-08-27 CITY OF ROHNERT PARK: By:________________________/_______ Darrin Jenkins, City Manager (Date) Per Resolution 2017-_______ adopted by the Rohnert Park City Council at its meeting of April 25, 2017. ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney GHD INC: By:___________________________/_ Name:__________________________ (Date) Title:____________________________ By:___________________________/_ Name:__________________________ (Date) Title:____________________________ 1 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com March 6, 2017 Mr. Artur da Rosa, PE Deputy City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Subject: Construction Management Services Amendment Eastside Trunk Sewer Phase III & Snyder Lane Widening Project City Project No. 2014-01 Dear Mr. da Rosa: As requested, GHD is submitting this Amendment 1 to extend the Construction Management Services for the completion of the construction of the Eastside Trunk Sewer Phase III & Snyder Lane Widening Project. The Amendment is based on our conversations and meeting with the City regarding the completion of the construction project. GHD has put forth extended efforts to keep these costs down while still completing the construction project. The costs are directly linked to that additional costs incurred by the construction contractor during the construction that were unanticipated. These unanticipated costs include the delay due to: • PG&E delay for not relocating the electrical line at Jasmine. • Depth of the utilities requiring a change in roadway section. • City requested change orders. • Un-anticipated utilities. • And extended costs for; startup and budget management. Scope of Work The scope of work is finalizing the construction documentation and closing out the remaining items on the punch list. Compensation GHD proposes to perform the scope of services on an hourly rate, time and materials basis in accordance with our Standard Fees and Conditions. The proposed fee estimate for the scope of services is $ 29,307. The total "not-to-exceed" fee will not be exceeded without written authorization by the City. The individual task fees may be adjusted without written authorization provided the adjustments stay within the total "not-to-exceed" limit. 2 Please do not hesitate to contact us if you have any questions or need additional information. Kind regards, GHD Inc. Jim Winter, PE Civil Engineer Attachment: GHD Rate Sheet, GHD Project Estimating Sheet GHD Inc - PROJECT ESTIMATING SHEET SHT #1 of 1 PROJECT NAME:Eastside Trunk Sewer Phase III & Snyder Widening Construction Management Services PROJECT #840900511 On-Site Inspector Roger Simpson Amendment #1 Date March 6, 2017 Construction Manager Jim Winter PREPARED BY:Jim Winter CLIENT:City of Rohnert Park Principal In Charge Bill Silva LABOR COSTS FEE COMPUTATION LABOR CATEGORY> Principal In Charge Construction Manager On-Site Inspector On-Site Inspector Assist CM Document Control TOTAL Other Direct TOTAL 470 Calendar Days RATE>$220 $170 $140 $140 $110 $90 HOURS Other Costs*FEE 16 month Construction period TASK /HR /HR /HR /HR /HR /HR Services $6 month Inspection period Phase 1: Rule 20 Observations $6 $6 Task 1.1 60 days Conforming Rule 20 Locations -$ -$ -$ -$ -$ -$ -$ -$ 4 hrs/day Sub-Total -$ -$ -$ -$ -$ -$ -$ -$ -$ Phase 2:Contract Administration $6 $11 Task 2.1 20 20 weekly coorespondence Other Servies is Perform Project Coordination -$ 3,400$ -$ -$ -$ -$ 10,155$ 120$ 13,675$ hours Eadoc Task 2.2 Preparation hour meeting Prepare and Conduct Preconstruction Meeting -$ -$ -$ -$ -$ -$ -$ -$ hr Meeting notes Task 2.3 weekly contractor meetings Conduct and Document Project Meetings -$ -$ -$ -$ -$ -$ -$ -$ 2.0 hr, notes & agenda 1 hr meeting Task 2.4 Review Schedule Review Contractors Construction Schedule -$ -$ -$ -$ -$ -$ -$ -$ 1.0 hr analyze weekly Task 2.5 Maintain logs, inspection reports, Maintain Project Records -$ -$ -$ -$ -$ -$ -$ -$ 3 hrs/week - photos, schedules, and correspondence Task 2.6 6 6 1 pay requests, including final Review and Evaluate Monthly Progress Payments -$ 1,020$ -$ -$ -$ -$ 36$ 1,056$ 6 hrs each Task 2.7 17 months plus including final Prepare Monthly Progress Reports -$ -$ -$ -$ -$ -$ -$ -$ 2 hrs for writing each Task 2.8 Assumed Number of RFI's/RFC's Respond to RFI's and Issue RFC's -$ -$ -$ -$ -$ -$ -$ -$ 2 hrs each Task 2.9 8 8 2 Assumed Number of PCO's Prepare PCO's and Change Orders -$ 1,360$ -$ -$ -$ -$ 48$ 1,408$ 4 hrs each Task 2.10 Assumed Number of shop drawings/submittals Coordinate Submittal and Shop Drawing Review -$ -$ -$ -$ -$ -$ -$ -$ 1 hrs each Task 2.11 weeks; Monitor Contractor compliance with Monitor Permit Compliance -$ -$ -$ -$ -$ -$ -$ -$ 2 hrs per week; permits & coordination Task 2.12 Months Monitor Construction Record Drawings -$ -$ -$ -$ -$ -$ -$ -$ 2 hrs per month Task 2.13 Assumed Number of PCO's that go towards claims Perform Claims Management -$ -$ -$ -$ -$ -$ -$ -$ 16 hrs each Task 2.14 40 40 8 hours per day inspection Additional Inspector Provide Field Inspection/Observation -$ -$ 5,600$ -$ -$ -$ 240$ 5,840$ 5 working days 40 working days Task 2.15 Prior to Pre-construction Prepare Photograph and Video Documentation -$ -$ -$ -$ -$ -$ -$ -$ Task 2.16 64 Document field changes to drawings Field Changes -$ -$ -$ -$ -$ -$ -$ -$ 1 or specifications. Task 2.17 1.0 Hours per week Prepare/Review Daily Observation Reports -$ -$ -$ -$ -$ -$ -$ -$ Task 2.18 RGH Materials Testing Coordinate Materials Testing -$ -$ -$ -$ -$ -$ -$ -$ Hours are included in Task 3.1 and 2.1 Sub-Total 34 40 74 10,155$ 444$ 21,979$ -$ 5,780$ 5,600$ -$ -$ -$ Phase 3: Project Completion Task 3.1 2 8 10 Develop Punchlist -$ 340$ 1,120$ -$ -$ -$ 60$ 1,520$ Task 3.2 4 16 24 44 Record Drawings, warranty items Compile Final Documents -$ 680$ 2,240$ -$ -$ 2,160$ 264$ 5,344$ indexes, logs and binders Task 3.3 4 4 Final pay request, coordinate retention release Prepare Final Pay Estimate -$ -$ -$ -$ 440$ -$ 24$ 464$ City Council Agenda Sub-Total 6 24 4 24 58 -$ 348$ 7,328$ -$ 1,020$ 3,360$ -$ 440$ 2,160$ Phase 4: Public Outreach Task 4.1 Data Instincts Public Outreach -$ -$ -$ -$ -$ -$ -$ -$ 4 hrs/week Sub-Total -$ -$ -$ -$ -$ -$ -$ -$ Project Totals 40 64 4 24 132 $10,155,210.00 Construction Estimate -$ 6,800$ 8,960$ -$ 440$ 2,160$ 10,155$ 996$ 29,307$ 0.3%of Construction * OTHER DIRECT COSTS Include: Telephone, Mileage, Printing, Photo-copies and other misc. direct expenses. ITEM NO. 7C4 and 7C5 Meeting Date: April 25, 2017 Department: Human Resources Submitted By: Victoria Perrault, Human Resources Director Prepared By: Victoria Perrault, Human Resources Director Agenda Title: Consideration of a Tentative Agreement and Memorandum of Agreement with the Rohnert Park Employees’ Association (RPEA) for the Period of April 30, 2017 through June 30, 2021 RECOMMENDED ACTION: Approve and adopt Tentative Agreement and Memorandum of Agreement with the Rohnert Park Employees’ Association (RPEA) for the period of April 30, 2017 through June 30, 2021. BACKGROUND: On January 1, 2014 a new requirement codified by Government Code Section 3505.1 went into effect that requires an agency to approve and adopt Tentative Agreements prior to or concurrently with approving and adopting a Memorandum of Agreement. On April 19, 2017, the City reached the attached Tentative Agreement with the RPEA. No further action is required by RPEA membership for ratification of the attached Memorandum of Agreement. Attached for your consideration and approval, in two separate motions are two Resolutions approving the following agreements: 1. RPEA Tentative Agreement on Four Year Proposal dated April 19, 2017 2. A Memorandum of Agreement with the Rohnert Park Employees’ Association (RPEA) This MOA is effective April 30, 2017 and continues for a four year duration. The Tentative Agreement and MOA are presented for consideration of adoption on April 25, 2017. Department Head Approval Date: N/A City Manager Approval Date: 4/19/17 City Attorney Approval Date: 4/19/17 Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7C4 and 7C5 Attachments (list in packet assembly order): 1. Resolution of the City Council of the City of Rohnert Park Approving the Tentative Agreement On Four Year Proposal with the Rohnert Park Employees’ Association Dated April 19, 2017 A. RPPEA Tentative Agreement on Four Year Proposal dated April 19, 2017 2. Resolution of the City Council of the City of Rohnert Park Approving the Memorandum of Agreement with the Rohnert Park Employees’ Association A. A Memorandum Of Agreement With The Rohnert Park Employees’ Association (RPEA) (To be Provided at Meeting) RESOLUTION NO. 2017-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE TENTATIVE AGREEMENT ON A FOUR YEAR PROPOSAL WITH THE ROHNERT PARK EMPLOYEES’ ASSOCIATION (RPEA) WHEREAS, the Rohnert Park Employees’ Association (RPEA) has ratified the terms and conditions contained in their Tentative Agreement on a Four Year Proposal with the City of Rohnert Park (City) dated April 19, 2017; and WHEREAS, the City Council wishes to recognize and approve the terms and conditions of the Tentative Agreement on a Four Year Proposal with RPEA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the Tentative Agreement on a Four Year Proposal with the RPPEA which is attached hereto as Exhibit “A” and incorporated herein by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY & REGULARLY ADOPTED this 25th day of April, 2017. CITY OF ROHNERT PARK ______________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Exhibit A: RPEA TENTATIVE AGREEMENT ON A FOUR YEAR PROPOSAL DATED April 19, 2017 AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK EMPLOYEES’ ASSOCIATION (RPEA) EFFECTIVE JULY 1, 20April 30, 14 17 – JUNE 30, 20172021 (beginning date to be revised to reflect date of Council approval if later than April 30, 2017) EXHIBIT A Tentative Agreement 4.19.17 Exhibit A MOA-Rohnert Park Employees’ Association  July 1, 2013April 25, 2017 through June 30, 20142021 Page 2 TABLE OF CONTENTS 1. HOURS OF WORK ........................................................................................................................................................ 5 1.1 REGULAR WORKWEEK FOR EMPLOYEES ......................................................................................................................... 5 1.2 REGULAR WORKDAY FOR EMPLOYEES ........................................................................................................................... 5 2. OVERTIME/COMPENSATORY TIME .............................................................................................................................. 5 2.1 COMPENSATION RATE ............................................................................................................................................... 5 2.2 MAXIMUM COMPENSATORY TIME ............................................................................................................................... 5 2.3 CALL BACK OVERTIME ............................................................................................................................................... 5 2.4 EXEMPT EMPLOYEES ................................................................................................................................................. 5 2.5 ADMINISTRATIVE LEAVE - EXEMPT EMPLOYEES................................................................................................................ 6 3. HOLIDAYS .................................................................................................................................................................... 6 3.1 OBSERVED HOLIDAYS ................................................................................................................................................ 6 3.2 PROCLAIMED HOLIDAYS ............................................................................................................................................. 7 3.3 DAY OF MOURNING OR SPECIAL OBSERVANCE ................................................................................................................ 7 3.4 HOLIDAYS FOR REGULAR PART-TIME EMPLOYEES ............................................................................................................. 7 4. ANNUAL LEAVE PROGRAM .......................................................................................................................................... 7 4.1 ACCRUAL ................................................................................................................................................................ 7 4.2 RESIDUAL ACCRUED SICK LEAVE ................................................................................................................................... 7 4.3 ACCRUED VACATION CONVERSION ............................................................................................................................... 8 4.4 ANNUAL LEAVE ADMINISTRATION ................................................................................................................................ 8 4.5 SHORT TERM DISABILITY ............................................................................................................................................ 8 5. MILITARY LEAVE .......................................................................................................................................................... 8 6. OTHER FRINGE BENEFITS ............................................................................................................................................. 8 6.1 FRINGE BENEFIT PROGRAMS ....................................................................................................................................... 8 6.2 CATASTROPHIC LEAVE ................................................................................................................................................ 9 6.3 CALIFORNIA FAMILY RIGHTS ACT AND FAMILY MEDICAL LEAVE ACT ..................................................................................... 9 6.4 LIGHT OR LIMITED DUTY............................................................................................................................................. 9 6.5 AMERICANS WITH DISABILITIES ACT .............................................................................................................................10 6.6 PAYMENT TO BENEFICIARY.........................................................................................................................................10 6.7 INSURANCE COVERAGE .............................................................................................................................................10 6.8 ALTERNATE BENEFIT .................................................................................................................................................11 6.9 DENTAL COVERAGE ..................................................................................................................................................12 6.10 VISION COVERAGE ...................................................................................................................................................13 6.11 ADOPTION BENEFIT ..................................................................................................................................................13 6.12 BEREAVEMENT LEAVE ...............................................................................................................................................13 MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 3 6.13 FUNERAL EXPENSE BENEFIT ........................................................................................................................................13 6.14 LONG-TERM DISABILITY INSURANCE ............................................................................................................................13 6.15 LIFE INSURANCE COVERAGE .......................................................................................................................................14 6.16 DEFERRED INCOME PROVIDERS ...................................................................................................................................14 6.17 RETIRED EMPLOYEES ................................................................................................................................................14 6.18 OPTION FOR ELIGIBLE EMPLOYEES WHO RETIRE PRIOR TO JANUARY 1, 2015 .......................................................................16 6.19 EDUCATION AND TRAINING REIMBURSEMENT ................................................................................................................21 6.20 LONGEVITY PAY ......................................................................................................................................................21 6.21 EDUCATIONAL INCENTIVE PAY ....................................................................................................................................22 6.22 RETIREMENT PROGRAMS ...........................................................................................................................................22 6.23 DEPENDENT CARE ASSISTANCE PROGRAM .....................................................................................................................23 6.24 HEALTH CARE TAX-FREE DOLLAR ACCOUNT PROGRAM ....................................................................................................23 6.25 HEARING AID BENEFIT ..............................................................................................................................................23 7. AGENCY SHOP AND PAYROLL DEDUCTION .................................................................................................................23 7.1 AGENCY SHOP ........................................................................................................................................................23 7.2 LISTING OF DEDUCTIONS ...........................................................................................................................................24 7.3 HOLD HARMLESS .....................................................................................................................................................24 8. SALARIES & MISCELLANEOUS PAY ..............................................................................................................................25 8.1 SALARY ADJUSTMENTS .............................................................................................................................................25 8.2 BILINGUAL PAY .......................................................................................................................................................25 8.3 PAYCHECKS ............................................................................................................................................................25 8.4 RATIFICATION BONUS ...............................................................................................................................................26 9. ALCOHOL AND DRUGS ................................................................................................................................................26 9.1 ALCOHOLIC BEVERAGES, OR OTHER DRUGS ...................................................................................................................26 9.2 OFF DUTY HOURS ....................................................................................................................................................26 9.3 PRESCRIPTION DRUGS ..............................................................................................................................................26 10. SMOKING ...................................................................................................................................................................26 11. GRIEVANCE POLICY AND PROCEDURE ........................................................................................................................27 12. USE OF CITY FACILITIES ...............................................................................................................................................27 13. MANAGEMENT RIGHTS ..............................................................................................................................................27 14. WORK CURTAILMENT (NO STRIKE CLAUSE) ................................................................................................................27 15. PERSONNEL RULES AND REGULATIONS ......................................................................................................................27 16. COMPLETE UNDERSTANDING .....................................................................................................................................28 17. TERM OF AGREEMENT ................................................................................................................................................28 18. SUCCEEDING AGREEMENT ..........................................................................................................................................28 18.1 SUSPENSION OF AGREEMENT .....................................................................................................................................28 18.2 REPLACEMENT ........................................................................................................................................................28 19. NON-DISCRIMINATION ...............................................................................................................................................28 20. PERSONNEL FILES .......................................................................................................................................................29 21. EMPLOYEE PERFORMANCE EVALUATIONS - EMPLOYEE RESPONSE ............................................................................29 22. RPEA OFFICERS ...........................................................................................................................................................29 ATTACHMENT “B”: RETIREE MEDICAL INSURANCE TABLE .................................................................................................34 MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 4 INDEX .................................................................................................................................................................................35 MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 5 MEMORANDUM OF AGREEMENT Pursuant to Government Code Section 3500 et. seq., the Rohnert Park Employees’ Association (RPEA) and representatives of the City of Rohnert Park have met and conferred and hereby submit their joint recommendations for compensation and benefit adjustments for represented members of the RPEA. 1. Hours of Work 1.1 Regular Workweek for Employees The regular workweek for all employees shall consist of consecutive workdays. By mutual agreement of an employee and his/her supervisor, workdays may be other than those defined in this section. 1.2 Regular Workday for Employees The regular workday for employees shall consist of eight (8), nine (9), or ten (10) hours of work as may be determined from time to time by mutual agreement of an employee and his/her supervisor. By mutual agreement of an employee and his/her supervisor, hours of work may be other than those defined in this section. 2. Overtime/Compensatory Time 2.1 Compensation Rate Overtime compensation at the rate of one and one-half times the employee's regular hourly rate shall be paid for all hours worked; (a) In excess of forty (40) hours in any work period. (b) On any Saturday or Sunday, or Holiday as defined by this Agreement. 2.2 Maximum Compensatory Time A maximum of eighty (80) hours of compensatory time off may be accrued by an employee by mutual agreement of the employee and his/her supervisor. 2.3 Call Back Overtime Employees, other than those in exempt positions, who are called back to work after having left the work site, shall be entitled to a minimum of two (2) hours' pay at the following overtime rates: (a) All hours worked until midnight at time and one-half the base hourly rate. (b) All hours worked after midnight at double time the base hourly rate. (c) All hours worked on Thanksgiving Day, Christmas, and New Years Day shall be paid at two (2) times the base hourly rate. 2.4 Exempt Employees Section 2.1-2.3 shall not apply to those positions that do not receive overtime pay. These positions are exempt under the Fair Labor Standards Act. This list is subject to change due MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 6 to position reclassifications or the creation of new positions. Management shall meet a nd confer with RPEA officers prior to making changes to this list. 2.5 Administrative Leave - Exempt Employees The exempt employees in RPEA unit shall receive fifty (50) hours of Administrative Leave on July 1, 2014 2017 and each succeeding July 1st for the term of the contract. Up to twenty (20) hours of unused Administrative Leave may be paid in cash or its equivalent value applied towards an approved benefit program. Requests for pay of this leave shall be submitted to the City Manager on or before June 1, 2015 2018 and each succeeding June 1st for the term of the contract. Payment shall be made no more than 30 days subsequent to the approval of the request by the City Manager. Any unused Administrative Leave hours remaining as of June 30, 2015 2018 and each succeeding June 30th for the term of the contract shall be forfeited. 3. Holidays 3.1 Observed Holidays Employees will receive the following twelve and one-half (12½) holidays annually. For each holiday, employees shall receive 8 hours of holiday pay. Employees with alternate schedules that include shifts in excess of 8 hours will only receive 8 hours of holiday pay. Employees will supplement paid holiday with accrued leave time to account for holiday absences. Employees with alternate schedules that include shifts less than 8 hours which fall on an observed holiday shall use the excess paid holiday time within the same pay period. Employees with alternate schedules who are not scheduled to work when a holiday falls shall use the paid holiday time within the same pay period. Employees covered by this section shall not be denied the use of paid holiday time during the pay period in which the holiday occurs.may bank any excess paid holiday time (not to exceed the 8 hour limit) as holiday leave credits, which may accumulate during the term of the contract, and which must be used by agreement between the employee and supervisor during the term of the contract. “Independence Day”, July 4 The first Monday in September, "Labor Day" The second Monday in October, "Columbus Day" "Veteran's Day", November 11 The fourth Thursday in November, "Thanksgiving Day" Day after "Thanksgiving” 12:00 Noon to 5:00 p.m. on Christmas Eve, December 24 (a total of four paid holiday hours) “Christmas Day”, December 25 “New Year's Day”, January 1 The third Monday in January, "Martin Luther King, Jr. Day" Friday preceding "President's Day” The third Monday in February, "President's Day” The last Monday in May, "Memorial Day" MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 7 3.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 3.3 Day of Mourning or Special Observance Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it applicable to City employees. 3.4 Holidays for Regular Part-time Employees If a scheduled or observed holiday falls on a regularly scheduled day off of a part -time employee, the part-time employee shall be entitled to the prorated number of holiday hours, which may be taken as time off in the pay period in which the holiday falls. 3.5 Floating Holiday In addition to the recognized holidays identified in Section 3.1, each eligible employee shall be allocated one floating holiday (equivalent to 8 hours for a full-time employee) per fiscal year on July 1st. Each employee hired prior to July 1 of each year shall be entitled to the floating holiday. Employees hired between July 1 and December 31 will receive 8 hours of floating holiday time. Employees hired between January 1 and June 30 will receive 4 hours of floating holiday time in the fiscal year in which they were hired . The floating holiday must be taken prior to June 30th of each year. The floating holiday will not be carried over from year to year and there shall be no cash value for the floating holiday during employment or upon separation from the City. 4. Annual Leave Program 4.1 Accrual Effective July 1, 2011 employees shall accrue monthly the following Annual Leave: Length of Service as a Full-time Employee Monthly Annual Leave Hours Yearly Annual Leave Hours 0 to 2 years 12.67 Hours 152 Hours 3 to 5 years 14 Hours 168 Hours 6 to 10 years 16 Hours 192 Hours 11 to 15 years 18 Hours 216 Hours 16+ years 19.33 Hours 232 Hours 4.2 Residual Accrued Sick Leave Effective July 1, 2011, employees shall not accrue any form of sick leave or disability wage, non-industrial or industrial. However, employees who have accrued fully-paid hours under either the sick leave or disability wage program for non-industrial illness and injury shall retain the balance of such hours accumulated as of July 1, 2011. Half-pay hours accumulated as provided by the disability wage plan will be converted to fully-paid hours (balance divided by 2), and credited to the balance of each employee covere d by the MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 8 disability wage plan. Employees in the disability wage plan who have not received their 2011 anniversary allotment of 40 hours of full-pay disability wage at the time of conversion will receive this additional 40 hours upon conversion. Paid leave for approved absence due to injury or illness may be charged against this balance at the employee’s discretion. Upon retirement from the City of Rohnert Park, an employee may convert any remaining sick leave balance to service credits pursuant to CalPERS regulations and procedures. 4.3 Accrued Vacation Conversion Effective July 1, 2011, employees shall not accrue vacation. All existing accumulated vacation shall be converted to Annual Leave. 4.44.3 Annual Leave Administration Annual leave hours may be used to provide paid time off for any approved absence, including but not limited to vacation and illness. When annual leave is used for sick leave purposes, the City may require the employee to submit substantiating evidence of illness if there is a demonstrable pattern of abuse. (a) Accrual Cap An employee may accumulate annual leave credits up to a maximum of 500 550 hours of annual leave. Accrual shall cease until the annual leave balance falls below the 500 hour annual leave cap. (b) Cash Out Accumulated annual leave shall be converted to cash upon separation from City service. (c) Seniority Preference Preference for leave scheduling will be on the basis of seniority within classification and/or as has been past practice. 4.54.4 Short Term Disability The City will provide a short-term disability insurance program which includes income replacement of 60% and benefits coordination to employees. 5. Military Leave The City grants military leave and any related benefits maintenance, job seniority and retention rights to all employees for service in a uniformed service in accordance with state and federal law. The employee must notify his/her supervisor of upcoming military duty as soon as he/she becomes aware of his/her obligation. 6. Other Fringe Benefits 6.1 Fringe Benefit Programs City reserves the right to select the insurance carrier(s) or to self-administer any of the fringe benefit programs provided during the term of this agreement. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 9 health plan that is substantially comparable and agrees to meet and confer regarding same. All benefits provided under this section (Section 6) are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Agreement as originally worded or as amended from time-to-time may depend on their tax treatment by the State or Federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees' Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Agreement are limited to the direct cost of providing the salary and benefits as described in this Agreement. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. (a) The City will continue all employee benefits and pay the appropriate premiums, as specified in the applicable section(s) of this agreement, due for an emp loyee out on an authorized leave while an employee is being compensated by accrued annual leave time (see Annual Leave section 4 above), compensatory time, industrial leave time and/or non-industrial leave time In accordance with applicable law. (b) Employee may continue certain employee benefits during an authorized leave without pay for the period of the authorized leave by making payment to City for said benefits. (c) If there is any inconsistency between this section and the Personnel Rules and Regulations, the Personnel Rules and Regulations shall govern. 6.2 Catastrophic Leave Leave benefits shall be provided as outlined in the Amended Catastrophic Leave Program, a copy of which is attached hereto, approved by City Council Resolution No. 2001 -270 adopted December 11, 2001. 6.3 California Family Rights Act and Family Medical Leave Act Employees may request a leave of absence under the California Family Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and/or the FMLA. 6.4 Light or Limited Duty Employees injured or ill from either on-the-job (industrial) or off-the-job (non-industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 10 Such assignments shall be temporary. They may involve duties that differ from the normal work duties of the employee. 6.5 Americans with Disabilities Act The City and RPEA recognize that the City has an obligation under law to comply with the Americans with Disabilities Act (ADA).) and disability provisions of the California Fair Employment and Housing Act (FEHA). 6.6 Payment to Beneficiary Upon death of an employee, any unused Annual Leave and compensatory time shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused Annual Leave and compensatory time shall be paid to the primary beneficiary specified by the employee on the employee's enrollment/beneficiary card for City-provided Life Insurance. 6.7 Insurance Coverage The City shall provide the insurance programs described in this Section. The City reserves the right to provide these insurance programs by self -insurance, through an insurance company or by any other method which provides the coverage outlined. Any premiu ms paid by the employee eligible for Section 125 will be deducted from the employee’s pay on a pre-tax basis. These provisions will remain in effect during the term of the agreement unless the parties by mutual agreement agree to different insurance coverage including “cafeteria” style benefits plan. (a) Health Insurance The City shall offer employees and their eligible dependents, a health insurance program under the terms set forth below: i) For the term of this agreement employees will have a choice of Kaiser Permanente (Traditional $20 Co-Pay Plan, Traditional $40 Co-Pay Plan and HSA); REMIF Self Insured Plans, or Anthem Blue Cross Prudent Buyer Plan ((Traditional $250 and $500 Deductible Plans and HSA)); Sutter Health Plans, through REMIF or any other comparable health plan offered by the City. ii) The City will contribute up to the following amount per month toward the cost of employee medical insurance premiums at the employee’s enrollment level. Enrollment Level 2014- 20157/1/16- 6/30/18 20185-20196 20196-20172020 2020- 2021 Employee Only (Single) $500$469.00 $500$485.00 $515$500.00 $530 MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 11 Employee + 1 (Two Party) $1,000$938.00 $1,000$971.00 $1,030$1,000.00 $1,060 Employee + 2 (Family) $1,400$1327.00 $1,400$1,373.00 $1,450$1,400.00 $1,500 iii) The City shall provide a copy of the summary description of all health care programs offered by the City to each employee upon request. iv) Regular part-time employees may elect to participate in health insurance plans and the City will contribute a pro-rata amount (based on the allocation of the position) towards the premium. The part-time employee will be responsible for the balance of the premium through payroll deductions. If the part-time employee does not select coverage, no cash payment will be made in lieu of the insurance. (b) Joint Commitment to Affordable Health Care The parties are committed to providing quality and affordable health care for all members. Ninety (90) days prior to open enrollment, parties will work together through their Joint Labor Management Committee to review preliminary health care rates and discuss any potential changes to plan design to reduce costs. Any changes to plan designs, including providers, will be made by mutual agreement during the term of the MOA. However, changes necessitated by REMIF’s transition from fully insured plans to self - insured plans are outside the scope of this agreement. (c) Re-Opener If Needed To Address Requirements Of, Or Changes To Affordable Care Act If, during the term of this Agreement, the legal requirements of the Affordable Care Act, or its successor, have an impact on City rights and obligations regarding health benefits for City employees that cause the provisions of Article 6.7 to be out of compliance with law, the parties agree to re-open Article 6.7 in order to meet and confer over such impacts. 6.8 Alternate Benefit Employees who opt out of medical coverage are eligible to receive an alternate benefit in the amount of $350 per month (provided as specified below) if they satisfy the following conditions: 1. The employee must provide proof of and attest to having minimum essential coverage as defined by the Internal Revenue Service (IRS) through another group health plan (or other plan deemed acceptable by the IRS) for the employee and for all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable plan year to which the opt out payment applies; MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 12 2. The employee must provide the City with proof of and attestation to coverage every plan year. Such proof and attestation must be provided at the time the employee first wishes to opt out of City-provided medical insurance, and during Open Enrollment each year thereafter, so long as the employee wishes to continue to opt out of City provided medical coverage. This alternate benefit shall be provided as a contribution to the employee’s deferred compensation account or for the purchase of supplemental life insurance and/or any other eligible benefit program approved and authorized by the City. The alternate benefit program meets all requirements for exclusion from “regular rate” calculations. Eligible employees who provide proof of health insurance coverage from a source other than the City may receive an alternate benefit of $350.00 per month. This benefit shall be provided as outlined in City Council Resolution No. 2007 -178, adopted October 23, 2007. 6.9 Dental Coverage The City shall offer employees and their eligible dependents, a dental insurance program under the terms as set forth below: (a) The City shall pay the applicable monthly premiums and any increases during the term of this Understanding. Premiums will be set by the insurer, or if self -insured by the City, using fiscally prudent methods. The City shall provide a copy of the summary description of the dental program offered by the City to each employee upon request. (b) In general, the program includes basic dental insurance coverage of payment to Delta Dental PPO network dentists of the indicated percentage up to the maximum of $2,000 for each eligible person per year for the following benefits: (i) One hundred percent (100%) of the cost of diagnostic and preventative care. (ii) Eighty-five percent (85%) of the cost of basic dental services. (iii) Eighty-five percent (85%) of the cost of crowns and restorations. (iv) Fifty percent (50%) of the cost of prosthodontics. (v) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. (vi) Fifty percent (50%) of the cost of orthodontics with a one thousand five hundred dollar ($1,500) lifetime maximum benefit per person. (vii) Services rendered by dentists outside of the Delta Dental PPO network (including Delta Dental Non-PPO Dentists) are covered at a reduced rate; are subject to the limitation of section (v) above and a one thousand five hundred dollar ($1,500) lifetime maximum orthodontic benefit per person. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 13 6.10 Vision Coverage The City shall offer employees and their eligible dependents, a vision insurance program under the terms as set forth below: (a) The City shall pay the applicable monthly premiums and any increases during the term of this Understanding. Premiums will be set by the insurer, or if self -insured by the City, using fiscally prudent methods. The City shall provide a copy of the summary description of the vision insurance program offered by the City to each employee upon request. (b) In general, the program includes an eye examination once each twelve (12) months, lenses once each twelve (12) months, and frames once each twenty-four (24) months. An employee may purchase contact lenses in lieu of the benefits summarized above. 6.11 Adoption Benefit That the City provides a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoptions. This cash benefit does not include the cost of adopting stepchildren, i.e. children of present spouse. 6.12 Bereavement Leave (a) A regular employee shall be paid up to three (3) days of bereavement leave when there is a death in their immediate family. (b) Additionally, a regular employee may, subject to approval of the supervisor, use two (2) additional days of the employee’s residual accrued sick leave if the employee must travel out of the area, i.e. at least two hundred and fifty (250) miles one way. (c) Immediate family in this case means: spouse, domestic partner, father, father-in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in- law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent-in-law, grandchildren and relationships in loco-parentis and close personal relationships, with the approval of the City Manager or his/her designee. 6.13 Funeral Expense Benefit City will provide fifty percent (50%) co-payment, not to exceed two thousand dollars ($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 6.14 Long-Term Disability Insurance The City shall provide, at no premium cost to employees, long-term disability income protection insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 2/3%) of the employee's monthly base pay with a maximum benefit of five thousand three hundred and thirty three dollars ($5,333). In no event shall the employee receive MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 14 more than full salary. The benefits provided under this section are subject t o the characteristics of the individual program. (a) The waiting period for the above long-term disability benefits plan shall be ninety (90) days. 6.15 Life Insurance Coverage (a) The City will provide, at no premium cost to employees, fifty thousand dollars ($50,000) life insurance coverage provided to employees and one thousand dollars ($1,000) for dependents, and which coverage includes accidental death and dismemberment benefits. (b) The City will allow, subject to the insurance carrier's approval, any employee to purchase, at his or her own cost, additional life insurance coverage under the City's group program. 6.16 Deferred Income Providers The City will continue to make available to the employees a deferred income program, now being administered by Nationwide and ICMA or a similar program with another institution acceptable to City. 6.17 Retired Employees 1. Definition of Terms a. “Eligible Employee” means any regular full-time or regular part-time benefited employee hired by the City before July 1, 2007, and who actively participates in and contributes to the CalPERS Retirement System, and who will be entitled, when eligible, to re ceive a retirement allowance from CalPERS. b. “Retired Employee” or “Retiree” is a regular full-time or regular part-time benefited City employee hired before July 1, 2007 who retires from the City and thereafter receives a retirement allowance from CalPERS. Retirement includes service retirement or disability retirement from the City of Rohnert Park. c. “Continuous City service” is defined as being continuous regular full-time or regular part- time benefited City employment for calculating length of continuous service and service credit. Part-time (non-benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 15 d. “Employees Hired on or After July 1, 2007” means any regular full time or regular part - time benefited employee hired by the City on or after July 1, 2007, and who actively participates in and contributes to the CalPERS Retirement System, and who will be entitled, when eligible, to receive a retirement allowance from CalPERS. Employee Hired on or after July 1, 2007 are entitled to the retiree health benefit set forth in Section 6.17(3) below. 2. Retiree Health Benefits a. Hired Before July 1, 2007 Before January 15, 2015, the City shall establish a Retiree Health Savings Account (RHSA) for each Eligible Employee and shall contribute $2,000.00 per year of Continuous City Service into the RHSA. For purposes of the service credit calculation, eligible employees shall receive service credit on a pro rata basis by days of service as of January 1, 2015. The City will explore providing alternative plan options to the RHSA, including 457 deferred compensation plans, and if feasible will offer such alternative plans to Eligible Employees. i. Eligible Employees Who Retire From the City On or After July 1, 2014 For Eligible Employees who retire from the City of Rohnert Park on or after July 1, 2014, the City agrees to make a medical insurance premium contribution toward the applicable early retirement premium in the amount of $500.00 per month until said Retired Employee reaches the age of Medi- Care eligibility or elects to leave the City medical system. Subject to the eligibility criteria of REMIF and/or insurance plans, Eligible Employees may participate as retirees at their own expense in the City’s group health insurance. ii. Eligible Employees Who Retire Prior to January 1, 2015 In the event an Eligible Employee elects to retire prior to January 1, 2015 subject to the terms of this Agreement and the benefit provided in Section 2(a)(i) above, the RHSA shall be established and funded on the date of retirement, or as near as practicable to that date. The Eligible Employee must make the election to retire prior to January 1, 2015 in writing and provide a minimum of thirty (30) days’ notice to the Personnel Officer. Alternatively, Eligible Employees who meet the requirements set forth in Section 6.18 below may retire on or before December 31, 2014 under the provisions of that section. iii. Dental and Vision Benefits For Eligible Employees The City agrees to provide/offer to regular full-time or regular part-time employees hired before July 1, 2007, benefit(s) as provided for active employees for dental care, and vision care benefits for retired employees and one eligible dependent until the Retired Employee reaches the age of Medi - MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 16 Care eligibility or elects to leave the City dental and vision system. Calculation of benefit will be prorated for regular, part-time employees. All dental care and vision care benefits provided under this Section are subject to the characteristics of each individual benefit program. iv. Medical Contribution, Dental and Vision Benefits in the Event of Retired Employee’s Death or Election to Leave the City Benefit System In the event of the Retired Employee’s death, coverage provided by the City to the Retired Employee will not continue for the survivors or dependent children of the Retired Employee. Any Retired Employee who, after retirement from the City, becomes employed elsewhere and is covered by medical, health, dental or vision care benefits by his/her new employer, said coverage provided by the City to the retired employee will be considered se condary to the coverage provided by his/her new employer, his/her new employer’s coverage shall be considered primary. Retired employees are required to notify the City’s Human Resources Department of any additional insurance coverage from new employers. 3. Retiree Health Benefits for Employees Hired On or After July 1, 2007 Beginning July 1, 2014, on a going forward basis, regular full-time or regular benefited part-time City employees hired on or after July 1, 2007 shall be eligible for the benefits described below in lieu of the benefits described in Sections 6.17(2) above: a. Effective July 1, 2014, the City will increase the contribution from $75.00 per month to $100.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). The monthly contribution will end upon the employee’s date of retirement or separation from the City. b. The City’s contribution to an employee’s RHSA shall be considered vested to an employee terminating City employment with five (5) or more consecutive years of City service. c. Calculation of monthly contribution will be prorated for regular part time employees. d. Subject to the eligibility criteria of REMIF and/or insurance plans, employees hired after July 1, 2007 may participate as retirees at their own expense in the City’s group health insurance. 6.18 Option for Eligible Employees Who Retire Prior to January 1, 2015 1. Hired Before July 1, 2007 The City agrees to make a medical insurance premium contribution toward the applicable early retirement premium or Medicare-eligible premium as outlined in Attachment B, MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 17 "Retiree Medical Insurance Table," as modified annually to reflect changes in the premium rates. For employees hired prior to July 1, 1993, City shall provide an amount equal to 80% of the lowest cost premium for active employees for either employee -only, or employee plus one dependent enrollments, excluding HSA plans. Retirees may purchase family coverage, but the City’s contribution will not exceed 80% of the lowest- cost employee plus one premium. Calculation of premium will be prorated for regular, part-time employees. The City’s share of the medical insurance premium costs for all retirement benefits as described herein shall not exceed the amount described in Attachment B, and shall not include payment of Medicare B premiums. Coverage will extend to eligible dependents. The City will provide such contributions only: (a) To regular full-time and regular part-time City employees hired before June 30, 2007 who have at least fifteen (15) years of continuous service with the City and who retire upon reaching retirement age or thereafter and are receiving a retirement allowance from CalPERS. Said employees shall be referred to as "Retired Employees." i. Employees with less than 15 consecutive years of service with the City receive no City fringe benefits, i.e. medical, dental, vision, life insurance at retirement ii. Employees must retire concurrent with termination of service with the City to be eligible for this benefit (no vesting). (b) To regular full-time or regular part-time employees hired before June 30, 2007 who: i. Have at least ten (10) years of continuous service with the City, and; ii. Are retired forthwith from the City of Rohnert Park service into CalPERS at the time of permanent or total disability, and; iii. Are permanently and totally disabled from their occupation and unable to perform with reasonable continuity the material duties of their own occupation. After twenty-four (24) months if gainful employment is obtained in an occupation in which the material duties are reasonably fitted by education, training, experience and compensation to the occupation at the time of disability, the employee shall no longer be considered permanently and totally disabled from their occupation. In such circumstances, benefits shall be discontinued. iv. Said employees shall be referred to as “Retired Employees” except for the circumstance noted above in which the employee is no longer permanently and total disabled. (c) To the surviving spouse, registered domestic partner, and legal dependents of a regular full-time or regular part-time employee hired before June 30, 2007 who died while a City employee after ten (10) or more years of continuous service with the City. Said employee shall be referred to as a "Deceased Employee." (d) For eligible “Retired Employees” and the survivors of “Deceased Employees” as defined in sections 6.18(1) above, the City agrees to provide/offer and pay the premium(s) as provided for active employees at time of retirement for life insurance, MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 18 dental care, and vision care benefits for retired employees and eligible dependents. Calculation of premium will be prorated for regular, part-time employees. (e) Benefits provided under Section 6.18(1) shall be coordinated with Medi-Care, Medi-Cal, and any other welfare program available of which said benefit coverage shall be considered primary and City provided coverage in turn considered secondary. (f) All benefits provided under Section 6.18(1) are subject to the characteristics of each individual benefit program. The life insurance to be provided will be the life insurance plan amount in effect and in accordance with the p rovisions of the life insurance program as of the date of employee’s retirement. (g) The benefits provided under Section 6.18(1) will continue for such retired employees and their spouse, registered domestic partner, and legal dependents, if any, while said retired employee is alive. In the event of the retired employee's death, coverage will continue for the spouse or registered domestic partners until the spouse or domestic partner dies, remarries, or forms another registered domestic partnership. In addition, the benefits provided under this section will continue for said retired or deceased employee's legal dependent children who qualify as an Internal Revenue Service dependent until said children reach the maximum age limit specified by state or federal law, or the spouse or registered domestic partner marries, or forms another registered domestic partnership whichever occurs earliest. (h) Continuous City service is defined as being continuous regular full -time or regular part-time City employment only for calculating length of continuous service under Section 6.18(1). Part-time (non-benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. (i) If any retired employee, after retirement from the City, becomes employed elsewhere and is covered by medical, life insurance, health, dental or vision care benefits by his/her new employer, coverage provided by the City to the retired employee pursuant to Section 6.18(1) will be considered secondary to the coverage provided by his/her new employer, and his/her new employer's coverage shall be considered primary. (j)(a) If any spouse or registered domestic partner of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under Section 6.18(1), becomes employed and is covered by medical, health, dental or vision care benefits by his/her employer, said coverage provided by City will be considered secondary to the coverage provided by the spouse's or registered domestic partner’s employer, and his/her employer's coverage shall be considered primary. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 19 6.17 Retired, Deceased and/or Permanently and Totally Disabled Employees This Section 6.17 (including subsections) applies only to employees hired prior to July 1, 2007, and providing continuous City service since that time. The language in this section has been revised from that contained in the previous MOAs between the City and RPEA for the purposes of administrative clarification, and does not represent a change in benefits provided to current employees or retirees. 1. Definition of Terms (a) “Eligible Employee” means any regular full-time or regular part-time benefited employee hired by the City before July 1, 2007, and who actively participates in and contributes to the CalPERS Retirement System, and who will be entitled, when eligible, to receive a retirement allowance from CalPERS. (b) “Retired Employee” or “Retiree” is a regular full-time or regular part-time benefited City employee hired before July 1, 2007 who retires from the City and thereafter receives a retirement allowance from CalPERS. Retirement includes service retirement or disability retirement from the City of Rohnert Park. (c) “Continuous City service” is defined as being continuous regular full -time or regular part-time benefited City employment for calculating length of continuous service and service credit. Part-time (non-benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. 2. Retirement Health Benefits For Employees Hired Prior to July 1 2007 (a) Retirement Medical Benefits Eligible Employees had the option to opt out of the retirement medical benefit provided previously, and all employees hired before July 1, 2007 who are currently in the unit elected to opt out, and are therefore covered by the provisions below. Eligible Employees hired before July 1, 2007 received the following Retirement Medical Benefit, which is fully vested. Eligible Employees who elected this opt-out MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 20 option shall not be subject to any retiree medical cost-sharing requirements (i.e., normal cost) during the term of their employment. (i) The City established a Retiree Health Savings Account (RHSA) in the eligible employee’s name for the Eligible Employee. The City contributed $2,000.00 per year of Continuous City Service into the RHSA. For purposes of the service credit calculation, eligible employees received service credit on a pro rata basis by month and days of service as of January 1, 2015. (ii) Upon retirement from the City, the City will provide the Retired Employee with $500 per month for the cost of retirement healthcare premiums and qualified health care expenses until the Retired Employee reaches the age of Medicare eligibility. These funds shall be provided to each member on a pre-tax basis (to the extent permitted by law), through a Retiree Health Care Reimbursement Account (RHRA). In the event of the Retired Employee’s death, the benefits provided by the City to the Retired Employee under this section will not continue for the survivors or dependent children of the Retired Employee. (iii) Retired Employees may participate at their own expense in the City’s group health insurance, subject to applicable group health insurance plan requirements. (b) Dental and Vision Benefits For Eligible Employees (i) Upon retirement, City will provide/offer and pay on behalf of Retired Employees, the premium benefit(s) as provided for active employees at the time of retirement for dental care and vision care benefits for Retired Employees and one eligible dependent until the Retired Employee reaches the age of Medi care eligibility or elects to leave the City dental and vision system. Calculation of premium benefit will be prorated for regular, part -time employees. (ii) In the event of the retired employee’s death, the benefits provided by the City to the Retired Employee under this section will not continue for the survivors or dependent children of the Retired Employee. (iii) Any Retired Employee who, after retirement from the City, becomes employed elsewhere and is covered by dental or vision care benefits by his/her new employer, said coverage provided by the City to the retired employee will be considered secondary to the coverage provided by his/her new employer, his/her new employer’s coverage shall be considered primary. Retired employees are required to notify the City’s MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 21 Human Resources Department of any additional insurance coverage from new employers. 3. Retirement Health Benefits for Employees Hired On or After July 1, 2007 Beginning July 1, 2014, Employees Hired on or after July 1, 2007, shall be eligible for the following benefits: (a) Effective July 1, 2014, the City will contribute $100.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). The monthly contribution will end upon the employee’s date of retirement or separation from the City. (b) The City’s contribution to an employee’s RHSA shall be considered vested as to an employee terminating City employment with five (5) or more consecutive years of City service. (c) Calculation of contribution will be prorated for regular part time employees. (d) Subject to the eligibility criteria of REMIF and/or insurance plans, employees hired after July 1, 2007 may participate as retirees at their own expense in the City’s group health insurance. 6.189 Education and Training Reimbursement The City will provide an education and training assistance program to provide reimbursement to employees for tuition, parking and book costs only for attending and completing, with a satisfactory grade (C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma State University or any other accredited educational institution (including an online or trade school) acceptable to the City. All courses or classes for which reimbursement will be requested must be previously approved by the Supervisor and the City Manager prior to the start of said clas ses and approval requested on the appropriate City form. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. 6.2019 Longevity Pay For regular employees hired before 10/10/95, the City shall provide longevity pay as described below based on continuous years of service, Continuous years of service are defined as being continuous regular full-time or regular part-time City employment. Part- time no benefited employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 22 section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. Completed years Pay Percentage of Service Increases 5 years 2% For each completed year thereafter 1/2% The maximum longevity pay percentage to be paid shall be ten percent (10%) of base pay. The "completed years of service" will be determined on January 1st and July 1st only and not on an employee's employment anniversary date. For employees hired after 10/10/95, the longevity program as outlined above does not apply. 6.210 Educational Incentive Pay For regular employees hired after 10/10/95, who are not eligible for longevity pay as outlined in Section 6.20, a monthly Educational Pay Stipend of $50 shall be provided for a Master of Science (MS) or Master of Arts (MA) or other Master degree in any major course of study, awarded by an accredited college or university. In no event shall an employee be paid for more than one degree. The Stipend payments are authorized only for degrees from an accredited college or university, and a copy of the degree must be provided for validation and approval of payment. 6.212 Retirement Programs (a) Effective July 1, 2007, the City will provide the California Public Employees’ Retirement System (CalPERS) two and seven tenths percent (2.7%) at fifty-five (55) retirement program to miscellaneous member employees. Effective July 1, 2011 the City will provide the California Public Employees’ Retirement System (CalPERS) two percent (2.0%) at fifty- five (55) program to miscellaneous member employees. Beginning August 1, 2011, employees shall contribute 100% of the required member contribution. i. The City will continue to provide the "one-year highest compensation" optional provision in its contract with CalPERS. ii. The City will modify the CalPERS Annual Cost-of-Living Allowance Increase (Section 21335) to provide for a 2.0% annual maximum cost -of-living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible for the 5.0% annual maximum cost-of-living allowance increase as defined in Section 21335. (b) New Employees Hired On or After January 1, 2013 Who Are New Members of the CalPERS System i. Effective January 1, 2013, the City will provide the CalPERS two percent (2.0%) at sixty-two (62), highest three year average program to new miscellaneous MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 23 employees (who meet the definition of a new member under PEPRA) hired on or after January 1, 2013. ii. Effective January 1, 2013, such new miscellaneous member employees hired on or after January 1, 2013, shall contribute at least fifty percent (50%) of the normal cost rate to CalPERS. iii. Pensionable compensation does not include monies paid to new miscellaneous members for bonuses, uniform allowance, overtime allowance or reimbursement for housing and vehicles, or any ad hoc or one-time payments pursuant to Government Code Section 7522.34(c). (c) The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies both presently and in the future. The City’s obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligations even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. (d) Benefits provided are subject to CalPERS regulations and relevant law. 6.223 Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.234 Health Care Tax-Free Dollar Account Program City will continue to provide the Health Care Tax-Free Dollar Account Program as authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.245 Hearing Aid Benefit The City will reimburse employees up to eighty percent (80%) with a lifetime maximum of nine hundred dollars ($900.00) for medically required hearing aid devices. 7. Agency Shop and Payroll Deduction 7.1 Agency Shop The RPEA members have approved agency shop pursuant to California Government Code 3502.5 (c). a) It is recognized that RPEA owes the same responsibilities to all employees in the representation unit, and has a duty to provide fair and equal representation to all employees in all classes. b) Pursuant to Government Code Section 3502.5 (c), all current employees in the representation unit , shall, as a condition of continued employment , and beginning MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 24 with the second full pay period after the effective date of this agreement, and until the termination of the Agreement, either: i. Become a member of RPEA; or ii. Execute a written declaration that the employee is a member of a bona fide religion, body, or sect which holds a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and pay a sum equal to the agency fee described below to a non - religious, non-labor charitable fund chosen by the employee. The employee shall furnish written proof to the City and RPEA that this contribution has been made. c) The condition of employment specified above shall not apply during periods of separation from the representation unit by any such employee but shall reapply to such employee commencing with the first full pay period following the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leaves of absence with a duration of more than two full pay periods. The condition of employment specified above shall not apply to newly hired employees until the beginning of the third full pay period of employment. d) All represented employee members who had Association dues deduction authorizations on file with the Auditor-Controller or the Association, or who may thereafter authorize in writing the deduction of their dues, shall remain on payroll deduction for the term of this Memorandum of Agreement or so long as they are members of the representative units. Members may terminate payroll deductions of dues at the expiration of this Memorandum of Agreement by giving written notice to RPEA during a one-month period between ninety (90) and sixty (60) days prior to the expiration of the term. 7.2 Listing of Deductions The RPEA shall provide the City Manager with a listing of deductions to be made from represented employees. Said listing will remain in force until amended by RPEA in writing. The Association will give the City at least thirty days advance written notice of any changes in the amount of dues and agency fees to be deducted these amounts. In addition, RPEA shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. RPEA will hold the City harmless for any liability or errors resulting from errors on the listing provided by RPEA. 7.3 Hold Harmless RPEA agrees to indemnify and defend the City, its officers, employees and agents and hold it harmless against any and all suits, claims, demands and liabilities that shall arise directly or indirectly out of any action that shall be taken or not taken or on behalf of the City, its officers, employees and agents for the purpose of complying with the foregoing sections. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 25 8. Salaries & Miscellaneous Pay 8.1 Salary Adjustments (a) Effective April 25, 2017 (or the first day of the first full pay period in July 2014after Council approval of this Agreement, if later), all members shall receive a one-time payment of three percent five and one half percent (35.5%) increase to of their base salary. This is non-pensionable. (b) Effective the first day of the full pay period that includes July 1, 2018 in July 2015, all members shall receive a one-time payment of three percent (3%) of their base salary. This is non-pensionable. all members shall receive a two and one half percent (2.5%) increase to base salary. (c) (c) Effective the first day of the pay period that includes July 1, 2019 all members shall receive a two and one half percent (2.5%) increase to base salary.Effective the first full pay period in July 2016, all members shall receive a three percent (3%) increase to base salary in pensionable compensation. (d) Effective the first day of the pay period that includes July 1, 2020 all members shall receive a three percent (3%) increase to base salary. 8.2 Bilingual Pay The City and the RPEA have agreed that special compensation shall be given to certain employees in the RPEA bargaining unit whom possess bilingual skills. That is, when the City designates a position or person as bilingually proficient, such an employee in the designation shall first demonstrate a language proficiency of job-related terminology acceptable to the Supervisor and the City Manager. Thereafter, the employee shall be entitled to bilingual pay at the rate of $100 per month. Said employee shall be subject to re-testing. Bilingual designation shall be at the sole discretion of the City. 8.3 Paychecks When the City acquires the technology to do so, the City may distribute paychecks/Automatic Deposit Notices to employees electronically on payday. Employees requesting a physical paycheck may pick it up on break or lunchtime at the City Hall front counter on payday. City shall distribute paychecks to employees by noon on payday. 8.4 Pay Change Effective Dates Any and all pay changes provided to employees, including but not limited to step increases, special pay provisions, promotions, classification changes, or similar pay increases shall become effective as follows: if the effective date of the change is in the first week of the pay period the increase will be effective on the first day of the pay period that includes the MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 26 effective date of the change. If the effective date is in the second week of the pay period the change will be effective the first day of the subsequent pay period. 8.4 Ratification Bonus Upon ratification of this Agreement by RPEA and the City of Rohnert Park, the City shall pay to each employee a ratification bonus of $500.00. This bonus will be paid in one lump sum in the first full pay period for the fiscal year 2014/15. The ratification bonus is taxable and all regular payroll taxes will be withheld unless deferred into a 457 account. 9. Alcohol and Drugs The City and RPEA agree to continue to work together to assist any employee who has an alcohol, or alcohol-related, drug or substance abuse problem. It is mutually acknowledged that continued cooperative efforts would give employees a much better opportunity to recover from this very serious problem. Since certain City employees are required to drive City vehicles, to think clearly and act responsibly as well as use various types of equipment, and it is known that drinking alcoholic beverages or taking certain drugs may slow a person’s reflexes and ability to think clearly. The probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as co -workers and the public at risk of injury. 9.1 Alcoholic Beverages, or Other Drugs Alcoholic beverages, or other drugs which affect an employee’s ability to drive or function safely, shall not be used by employees during their assigned regular workday, nor while on assigned standby duty. 9.2 Off Duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty hours, the employee must decline the request to work. 9.3 Prescription Drugs Employees using prescription drugs, which affect the employee’s ability to work safely must inform their supervisor and may be assigned to other appropriate duties or required to take sick or annual leave. 10. Smoking The City intends to hire employees with the clearly expressed condition of employment that they refrain from smoking. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 27 11. Grievance Policy and Procedure City will comply with the grievance procedure as outlined in Resolution No. 79-22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any time line or specifically comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance. 12. Use of City Facilities Employees and their spouse, domestic partner, and eligible dependents (as defined in IRS Fact Sheet FS-2005-7), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic partner, and dependents of employees adversely impacts the public’s access to the Sp orts Center facilities, the parties will re-open this Section 12. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or the entire fee. 13. Management Rights Except as limited in this Agreement and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Agreement; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work o r lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 14. Work Curtailment (No Strike Clause) Under no circumstances shall any employee individually or collectively cause, sanction, honor or engage in any strike, sit-down, stay-in, sick-out, slow-down, speed-up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Agreement. 15. Personnel Rules and Regulations City agrees to meet and confer with RPEA on any updates or changes to the Personnel Rules & Regulations. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 28 16. Complete Understanding The terms and conditions contained in this MOA represent the full, complete, and entire understanding of the parties of matters within the scope of representation. RPEA acknowledges that certain provisions of this agreement may conflict with resolutions currently in effect regarding employee working conditions or benefits. The provisions of this agreement supersede any previous resolutions or agreements that may be in conflict with provisions of this agreement as of the effective date of this agreement. During the term of this MOA, any side letter between the parties is required to be signed by an authorized representative of RPEA and the City Manager or his or her designee. 17. Term of Agreement This Agreement shall become effective on July 1, 2014April 30______, 2017 through June 30, 2017 2021 unless extended by mutual agreement of the parties. 18. Succeeding Agreement Negotiations for the period commencing July 1, 2017 2021 shall begin on or before February 1, 20172021, by which time RPEA shall submit its proposals to the City Manager. Said submittal shall include an estimated percentage decrease or increase in the cost of same compared to the provisions of this Agreement. City shall, if requested, assist RPEA in a reasonable manner in providing information to determine the percentage increase. 18.1 Suspension of Agreement If during the term of this Agreement, any item or portion thereof of this Agreement is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Agreement shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Agreement shall not invalidate any remaining portion, which shall continue in full force and effect. 18.2 Replacement In the event of suspension or invalidation of any article or section of this Agreement, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 19. Non-Discrimination City acknowledges that in receiving the benefits afforded by this Agreement, no person shall in any way be favored or discriminated against to the extent prohibited by law. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 29 20. Personnel Files An employees or his/her duly authorized representative has the right to inspect his or her personnel file maintained by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. 21. Employee Performance Evaluations - Employee Response Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty (30) days. 22. RPEA Officers The City agrees to authorize RPEA Officers up to forty (40) hours of paid leave per fiscal year to be used only for Association business. The forty (40) hours of leave is the total amount in aggregate and may be distributed among RPEA Officers. Officers shall notify and secure permission from their supervisor for such leave. 23. Safety Gear and Necessary Equipment The City will provide members who are required to work in the field during inclement weather or to use specific safety equipment during the performance of their duties with the following items as deemed by the City to be appropriate for the position: hard hat, safety vest, rain jacket and rain boots. Any items furnished by the City shall remain the property of the City. CITY OF ROHNERT PARK ROHNERT PARK EMPLOYEES’ ASSOCIATION Darrin Jenkins, City Manager DATE Angie Smith, Board Official DATE Rick PedroncelliChristopher Morgan, Board Official DATE Dennis Wallach, RPEA Representative DATE By: Joseph T. CallinanJake Mackenzie, Mayor Resolution Number: MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 30 Attest: _______________________________________ JoAnne Buergler, City Clerk Approved As To Form: __________________________________________ Michelle Marchetta Kenyon, City Attorney MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 31 Incorporated by Reference. The following are incorporated in this agreement by reference:Delete any obsolete appendixes and/or revise as needed  Listing of RPEA job classes (Attachment “A”)  Retiree Medical Insurance Table (Attachment “B”)  City Council Resolution No. 79-22, adopted February 13, 1979 - Grievance Policy and Procedure. o Currently under review and subject to change.  City Council Resolution No. 80-140, adopted August 11, 1980 - Regular P/T Employees’ Fringe Benefits.  City Council Resolution No. 2007-178, adopted October 23, 2007 - Alternate Benefit.  City Council Resolution No. 2001-270, adopted December 11, 2001 – Catastrophic Leave  City's Personnel Rules & Regulations MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 32 CITY OF ROHNERT PARK Attachment “A” Alphabetical List of RPEA Job Titles April 14, 2017 ACTIVE/BUDGETED Accountant Accounting Specialist I/II Administrative Assistant Animal Health Technician Animal Shelter Supervisor* Building Official* Civil Engineer* Code Compliance Officer Community Development Assistant Community Services Manager* Community Services Program Coordinator I/II Community Services Supervisor Crime Analyst Environmental Coordinator* Fire Inspector (Reg, P/T) Information Systems Analyst* Information Systems Operations Mgr.* Information Systems Technician I/II Management Analyst* Office Assistant I Planner I/II Project Coordinator* Property Technician Public Safety Records Clerk Public Works Inspector Purchasing Agent Property and Records Supervisor* Secretary I Senior Engineering Technician Technical Director Theatre Manager* *FLSA exempt job class. INACTIVE/OBSOLETE OR NON-BUDGETED Accountant/Auditor Accounting Technician Administrative Analyst* Administrative Secretary Animal Shelter Technician Assistant Civil Engineer Associate Planner Building Inspector Community Services Specialist Customer Service Representative Deputy Chief Building Official Engineering Technician I Engineering Technician II Evidence Specialist Housing & Redevelopment Assistant Housing & Redevelopment Manager Housing & Redevel. Project Manager Housing Services Assistant Office Assistant II Performing Arts Specialist Planner III Project Manager Public Safety Records Technician Purchasing Assistant I Purchasing Specialist Records Clerk/Office Assistant I Secretary II Secretary II/Community Development Assistant Senior Account Clerk Utilities Utility Billing and Revenue Supervisor* Utility Services Specialist Youth Services Specialist MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 33 CITY OF ROHNERT PARK Attachment “A” Alphabetical List of RPEA Job Titles March 1, 2013 ACTIVE/BUDGETED Accountant Accounting Specialist I Accounting Specialist II Accounting Technician Administrative Assistant Animal Health Technician Animal Shelter Supervisor Community Development Assistant Community Services Manager* Community Services Program Coordinator Community Services Specialist Community Services Supervisor Deputy Chief Building Official Information Systems Operations Mgr.* Information Systems Technician I/II* Management Analyst* Office Assistant I Office Assistant II Planner III (Reg, P/T) Public Safety Records Clerk Public Works Inspector Purchasing Agent Records Supervisor* Secretary I Secretary II Senior Engineering Technician Technical Director Theatre Manager* *FLSA exempt job class. INACTIVE/OBSOLETE OR NON-BUDGETED Accountant/Auditor Administrative Analyst* Administrative Secretary Animal Shelter Technician Assistant Civil Engineer Associate Planner Building Inspector Building Official Civil Engineer Customer Service Representative Engineering Technician I Engineering Technician II Evidence Specialist Housing & Redevelopment Assistant Housing & Redevelopment Manager Housing & Redevel. Project Manager Housing Services Assistant Performing Arts Specialist Project Manager Property Technician Public Safety Records Technician Purchasing Assistant I Purchasing Specialist Records Clerk/Office Assistant I Secretary II/Community Development Assistant Senior Account Clerk Utilities Utility Billing and Revenue Supervisor* Utility Services Specialist Youth Services Specialist MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 34 Attachment “B”: Retiree Medical Insurance Table **This Appendix only applies to Eligible Employees retiring under the 2013 -2014 MOA on or before December 31, 2014** PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/13 THROUGH 12/30/14 EMPLOYEES HIRED PRIOR TO JULY 1, 1993 who retire between 7/1/13 and 12/30/14. City contribution formula at time of retirement is: 80% of the lowest cost premium. Lowest employee- only premium cost at time of retirement Lowest employee+1 premium cost at time of retirement Ongoing monthly City contribution to retiree premium: Enroll retiree only. Ongoing monthly City contribution to retiree premium: Enroll retiree + eligible others. 80% $555.11 $1,110.22 $444.09 $888.18 EMPLOYEES HIRED between JULY 1, 1993 and June 30, 2007 who retire between 7/1/13 and 12/30/14. Years of Service % of City contribution based on Years of Service City contribution formula at time of retirement: 80% of the lowest cost premium. Lowest employee- only premium cost at time of retirement Lowest employee+1 premium cost at time of retirement Ongoing monthly City contribution to retiree premium: Enroll retiree only Ongoing monthly City contribution to retiree premium: Enroll retiree + eligible others. 15- 19.99* 50% 80% $555.11 $1,110.22 $222.04 $444.09 20- 24.99 75% 80% $555.11 $1,110.22 $333.07 $666.13 25+ 100% 80% $555.11 $1,110.22 $444.09 $888.18 *10 - 19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only. MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 35 INDEX A Administrative Leave - Exempt Employees · 5 Adoption Benefit · 11 Agency Shop and Payroll Deduction · 19 Alcohol Off-Duty Hours · 21 Alcoholic Beverages and Other Drugs · 21 Alphabetical List of RPEA Job Titles · 26 Alternate Benefit · 10 Americans with Disabilities Act · 9 Annual Leave Program · 6 B Bereavement Leave · 11 Bilingual Pay · 20 C California Family Rights Act · 8 Call Back Overtime · 4 Catastrophic Leave · 8 D Deferred Income Providers · 12 Dental Coverage · 10 Dependent Care Assistance Program · 19 Disability Wage Program · See Annual Leave Program E Education and Training Reimbursement · 17 Educational Incentive Pay · 18 Employee Performance Evaluations Employee Response · 24 F Family Medical Leave Act · 8 FLSA exempt job class · 26 Fringe Benefit Programs · 7 Funeral Expense Benefit · 11 G Grievance Policy and Procedure · 22 H Health Care Tax-Free Dollar Account Program · 19 Health Insurance · 9 Hearing Aid Benefit · 19 Holidays · 5 Observed Holidays · 5 Holidays for Regular Part-time Employees · 6 Hours of Work · 4 L Life Insurance Coverage · 12 Light or Limited Duty · 8 Longevity Pay · 17 Long-Term Disability Insurance · 12 M Management Rights · 22 Maximum Compensatory Time · 4 Military Leave · 7 Modified duty · See light or limited duty N Non-Discrimination · 23 O Observed Holidays · 5 Overtime Compensation Rate · 4 P Paychecks · 21 Payment to Beneficiary · 9 Personnel Files · 24 Personnel Rules and Regulations · 22 MOA-Rohnert Park Employees’ Association  July 1,April 30, 2017 2014 through June 30, 20172021 Page 36 Prescription Drugs · 21 R Regular Part-time Employees Holidays · 6 Regular Workday for Employees · 4 Regular Workweek for Employees · 4 Retiree medical insurance · 15 Retirement Programs · 18 RPEA Officers - Leave · 24 S Salaries & Miscellaneous Pay · 20 Short-term disability insurance · 7 Sick Leave · See Annual Leave Program Smoking · 21 Sports Center · See Use of City Facilities Succeeding Agreement · 23 Suspension of Agreement · 23 Swimming pools · See Use of City Facilities T Term of Agreement · 23 Effective Date · 23 Termination Date · 23 U Use of City Facilities · 22 V Vacation leave · See Annual Leave Program Vision Coverage · 11 OAK #4810‐6145‐4108 v1 RESOLUTION NO. 2017-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING A MEMORANDUM OF AGREEMENT WITH THE ROHNERT PARK EMPLOYEES’ ASSOCIATION (RPEA) FOR THE PERIOD OF APRIL 30, 2017 THROUGH JUNE 30, 2021 WHEREAS, on April 25, 2017, the City Council approved a Tentative Agreement on a Four Year Proposal with the Rohnert Park Employees’ Association which had been ratified by the membership of RPEA; and WHEREAS, in accordance with the terms and conditions of the Tentative Agreement, staff prepared a final Memorandum of Agreement with the RPEA that requires no further approval by RPEA membership. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve and adopt the Memorandum of Agreement for RPEA for the Period of April 30, 2017 through June 30, 2021, which is attached hereto as Exhibit “A” and incorporated herein by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY & REGULARLY ADOPTED this 25th day of April 2017 CITY OF ROHNERT PARK ______________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Exhibit A: MEMORANDUM OF AGREEMENT WITH THE ROHNERT PARK EMPLOYEES’ ASSOCIATION (RPEA) AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) OAK #4810‐6145‐4108 v1 EXHIBIT “A” TO BE DISTRIBUTED AT 4/25/17 MEETING MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK EMPLOYEES’ ASSOCIATION (RPEA) EFFECTIVE April 30, 17 – JUNE 30, EXHIBIT A TO BE PROVIDED AT MEETING Item No. 7C6 will be submitted as a Supplemental Item ITEM NO. 7.C.6 CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: April 25, 2017 Department: Human Resources Submitted By: Victoria Perrault, Human Resources Director Prepared By: Victoria Perrault, Human Resources Director Agenda Title: Approving and Adopting an Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Unrepresented Confidential Unit for the Period of April 30, 2017 through June 30, 2021 Attached for your consideration and approval at the City Council Meeting of April 25, 2017 is: 1. Outline for the City’s Confidential Unit This Outline is effective April 30, 2017 and is for a four year duration. The Outline is presented for consideration of adoption on April 25, 2017. Dept. Head Approval Date: N/A City Manager Approval Date: 4/21/17 City Attorney Approval Date: 4/21/17 Attachments (listed in packet assembly order): 1) Resolution 2) Confidential Outline 3) City Council Resolution No. 79-22, adopted February 13, 1979 - Grievance Policy and Procedure 4) City Council Resolution No. 80-140, adopted August 11, 1980 - Regular P/T Employees’ Fringe Benefits 5) City Council Resolution No. 2001-270, adopted December 11, 2001 – Catastrophic Leave 6) City Council Resolution No. 2004-299, adopted November 9, 2004 - City's Personnel Rules & Regulations Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” RESOLUTION NO. 2017 - 048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING AN OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY FOR THE CONFIDENTIAL UNIT FOR THE PERIOD OF APRIL 30, 2017 THROUGH JUNE 30, 2021 WHEREAS, staff has prepared a final Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Confidential Unit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve and adopt the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Confidential Unit, which is attached hereto as Exhibit “A” and incorporated by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY & REGULARLY ADOPTED this 25th day of April, 2017. CITY OF ROHNERT PARK ______________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk EXHIBIT A OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY FOR THE CONFIDENTIAL UNIT EFFECTIVE April 30, 2017 – JUNE 30, 2021 OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page ii TABLE OF CONTENTS 1. HOURS, DAYS, AND PERIOD OF WORK ............................................................................ 4 2. OVERTIME/COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES ........................... 4 2.1 Rate of Overtime Compensation .................................................................................. 4 2.2 Compensatory Time Off ................................................................................................ 4 2.3 Call Back ......................................................................................................................... 5 3. EXEMPT EMPLOYEES .......................................................................................................... 5 3.1 Administrative Leave - Exempt Employees ................................................................ 5 4. HOLIDAYS .............................................................................................................................. 5 4.2 Proclaimed Holidays ..................................................................................................... 6 4.3 Day of Mourning or Special Observance .................................................................... 6 4.3 Floating Holiday ............................................................................................................. 6 6. MILITARY LEAVE ................................................................................................................... 7 7. OTHER FRINGE BENEFITS .................................................................................................. 7 7.1 Fringe Benefit Administration ...................................................................................... 7 7.2 Catastrophic Leave ........................................................................................................ 8 7.3 Family Medical Leave .................................................................................................... 8 7.4 Light or Limited Duty ..................................................................................................... 8 7.5 Americans with Disabilities Act ................................................................................... 8 7.6 Payment to Beneficiary ................................................................................................. 8 7.7 Health Insurance ............................................................................................................ 9 7.9 Adoption Benefit .......................................................................................................... 11 7.10 Bereavement Leave ..................................................................................................... 11 7.11 Funeral Benefit ............................................................................................................. 12 7.12 Long-Term Disability Insurance ................................................................................. 12 7.13 Life Insurance ............................................................................................................... 12 7.14 Deferred Income........................................................................................................... 12 7.15 Retired, Deceased and/or Permanently and Totally Disabled Employees ........... 13 7.16 Retiree Health benefits For Employees Hired On or After July 1, 2007 .................. 15 7.17 Education and Training ............................................................................................... 15 7.18 Longevity Pay ............................................................................................................... 16 7.19 Educational Incentive Pay .......................................................................................... 16 7.20 Retirement Programs .................................................................................................. 17 7.21 Dependent Care Assistance Program ....................................................................... 19 OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page iii 7.22 Health Care Tax-Free Dollar Account Program ........................................................ 19 7.23 Hearing Aid Benefit ..................................................................................................... 19 8. SALARY & MISCELLANEOUS PAYS ................................................................................. 19 8.1 Salary Adjustment ....................................................................................................... 19 8.2 Bilingual Pay ................................................................................................................ 20 8.3 Paychecks .................................................................................................................... 20 8.4 Pay Change Effective Dates ....................................................................................... 20 9. ALCOHOL AND DRUGS ...................................................................................................... 20 9.1 Alcoholic Beverages or Other Drugs ......................................................................... 21 9.2 Off Duty Hours ............................................................................................................. 21 9.3 Prescription Drugs ...................................................................................................... 21 10. SMOKING ............................................................................................................................. 21 11. RESIDENCY .......................................................................................................................... 21 13. USE OF CITY FACILITIES ................................................................................................... 21 14. MANAGEMENT RIGHTS ...................................................................................................... 22 15. WORK CURTAILMENT (NO STRIKE CLAUSE) ................................................................. 22 16. PERSONNEL RULES AND REGULATIONS ....................................................................... 22 17. TERM OF OUTLINE.............................................................................................................. 22 18. INVALIDATION ..................................................................................................................... 22 18.1 Suspension of Outline ................................................................................................. 23 18.2 Replacement ................................................................................................................. 23 19. NON-DISCRIMINATION ....................................................................................................... 23 20. PERSONNEL FILES ............................................................................................................. 23 21. EMPLOYEE PERFORMANCE EVALUATIONS .................................................................. 23 OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 4 This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Confidential Unit. The Confidential Unit currently consists of employees occupying the classifications of: Accounting Services Supervisor Administrative Assistant – Confidential Deputy City Clerk Human Resources Analyst Human Resources Technician Human Resources Technician Trainee Payroll/Fiscal Specialist Executive Assistant to the City Manager Senior Management Analyst Senior Payroll/Fiscal Specialist Supervising Accountant 1. HOURS, DAYS, AND PERIOD OF WORK Generally, hours, days and period of work shall be as follows: (a) Regular Workday - The regular workday is eight (8), nine (9), or ten (10) hours of work, or variations as may be determined from time to time by mutual agreement of an employee and his/her supervisor. (b) Regular Days of Work - The regular workweek for all employees shall consist of five (5) days, Monday through Friday. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee may volunteer for a workweek other than defined in this section. (c) Regular Work Period - A regular work period shall be forty (40) hours to be worked within the established seven (7) day work period. 2. OVERTIME/COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES 2.1 Rate of Overtime Compensation Overtime compensation at the rate of one and one-half times the employee's regular hourly rate shall be paid for all hours worked; (a) In excess of forty (40) hours in any workweek. (b) On any Saturday or Sunday, or Holiday as defined by this Outline. 2.2 Compensatory Time Off A maximum of eighty (80) hours of compensatory time off may be accrued by an employee by mutual agreement of the employee and the Supervisor. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 5 2.3 Call Back Employees who are called back to work after having left the work site shall be entitled to double time, with a minimum of two (2) hours' double time pay. 3. EXEMPT EMPLOYEES Section 2 shall not apply to those positions that are exempt under the Fair Labor Standards Act, specifically the Accounting Services Supervisor, Deputy City Clerk, Human Resources Analyst, Executive Assistant to the City Manager, Supervising Accountant and Senior Analyst. This list is subject to change due to position reclassifications or the creation of new classifications. 3.1 Administrative Leave - Exempt Employees The exempt employees in the Confidential Unit shall receive fifty (50) hours of Administrative Leave on July 1, 2017 and each July 1st thereafter for the duration of this Outline. Up to twenty (20) hours of unused Administrative Leave may be paid in cash or its equivalent value applied towards an approved benefit program. Requests for pay of this leave shall be submitted to the City Manager on or before June 1, 2018 and each June 1st thereafter for the duration of this Outline Payment shall be made no more than 30 days subsequent to the approval of the request by the City Manager. Any unused Administrative Leave hours remaining as of June 30, 2018 and each June 30th thereafter for the duration of this Outline shall be forfeited. 4. HOLIDAYS Employees will receive the following twelve and one-half (12½) holidays annually. For each holiday, employees shall receive 8 hours of holiday pay. Employees with alternate schedules that include shifts in excess of 8 hours will only receive 8 hours of holiday pay. Employees will supplement paid holiday with accrued leave time to account for holiday absences. Employees with alternate schedules that include shifts less than 8 hours which fall on an observed holiday shall use the excess paid holiday time within the same pay period. Employees with alternate schedules who are not scheduled to work when a holiday falls shall use the paid holiday time within the same pay period. Employees covered by this section shall not be denied the use of paid holiday time during the pay period in which the holiday occurs. 4.1 Holidays Observed The holidays observed by the City will be: “Independence Day,” July 4 The first Monday in September, "Labor Day" The second Monday in October, "Columbus Day" "Veteran's Day," November 11 The fourth Thursday in November, "Thanksgiving Day" Day after "Thanksgiving" 12:00 Noon to 5:00 p.m. on December 24 OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 6 “Christmas Day,” December 25 “New Years Day”, January 1 The third Monday in January, "Martin Luther King, Jr. Day" Friday proceeding "President's Day," The third Monday in February, "President's Day" The last Monday in May, "Memorial Day" 4.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees shall be observed by the City. 4.3 Day of Mourning or Special Observance Each day that the Governor declares a day of mourning or special observance as a holiday for State employees shall be observed by the City if the declaration makes it applicable to City employees. 4.3 Floating Holiday In addition to the recognized holidays identified in Section 4.1, each eligible employee shall be allocated one floating holiday (equivalent to 8 hours for a full-time employee) per fiscal year on July 1st. Each employee hired prior to July 1 of each year shall be entitled to the floating holiday. Employees hired between July 1 and December 31 will receive 8 hours of floating holiday time. Employees hired between January 1 and June 30 will receive 4 hours of floating holiday time in the fiscal year in which they were hired. The floating holiday must be taken prior to June 30th of each year. The floating holiday will not be carried over from year to year and there shall be no cash value for the floating holiday during employment or upon separation from the City. 5. Annual Leave Program Effective July 1, 2011 employees shall accrue monthly the following Annual Leave: Length of Service Monthly Accrual Rate Annual Leave Allowance 0-2 Years 12.67 hours 152 hours 3-5 Years 14.00 hours 168 hours 6-10 Years 16.00 hours 192 hours 11-15 Years 18.00 hours 216 hours 16+ Years 19.33 hours 232 hours a) Effective July 1, 2011, employees shall not accrue any form of sick leave or disability wage, non-industrial or industrial. However, employees who have accrued fully-paid hours under either the sick leave or Disability Wage OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 7 Plan for non-industrial illness and injury shall retain the balance of such hours accumulated as of July 1, 2011. Half-pay hours accumulated as provided by the Disability Wage Plan will be converted to fully-paid hours (balance divided by 2), and credited to the balance of each employee covered by the disability wage plan. Employees in the Disability Wage Plan who have not received their 2011 anniversary allotment of 40 hours of full- pay disability wage at the time of conversion will receive this additional 40 hours upon conversion. Paid leave for approved absence due to injury or illness may be charged against this balance at the employee’s discretion. Upon retirement from the City of Rohnert Park, an employee may convert any remaining sick leave balance to service credits pursuant to CalPERS regulations and procedures. b) Annual Leave hours may be used to provide paid time off for any approved absence, including, but not limited to vacation and illness. When Annual Leave is used for sick leave purposes, the City may require the employee to submit substantiating evidence of illness if a demonstrable pattern of abuse or evidence of suspected fraud is identified. c) An employee may accumulate Annual Leave credits up to a maximum of 550 hours of Annual Leave. Accrual shall cease until the Annual Leave balance falls below the cap. d) Accumulated Annual Leave shall be converted to cash upon separation from City service. e) The City will provide a short-term disability insurance program which includes income replacement of 60% and benefits coordination to employees. 6. MILITARY LEAVE The City grants military leave and any related benefits maintenance, job seniority and retention rights to all employees for service in a uniformed service in accordance with state and federal law. The employee must notify his/her supervisor of upcoming military duty as soon as he/she becomes aware of his/her obligation. 7. OTHER FRINGE BENEFITS 7.1 Fringe Benefit Administration The City reserves the right to select the insurance carrier(s) or to self- administer any of the fringe benefit programs provided. All benefits provided under this section (Section 7) are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Outline as originally worded or as amended from time to time may depend on their tax treatment by the State or Federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees' Retirement System. The City will endeavor to obtain the most favorable OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 8 treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Outline are limited to the direct cost of providing the salary and benefits as described in this Outline. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. (a) Regular part-time employees' fringe benefits shall be as provided in City Council Resolution No. 80-140, adopted August 11, 1980, a copy of which is attached hereto. (b) The City will continue all employee benefits and pay the appropriate premiums, as specified by law, or in the City's Personnel Rules and Regulations. (c) Employees may continue certain employee benefits during an authorized leave without pay for the period of the authorized leave by making payment to the City for said benefits. (d) If there is any inconsistency between this section and the Personnel Rules and Regulations, the Personnel Rules and Regulations shall govern. 7.2 Catastrophic Leave Leave benefits shall be provided as outlined in the Amended Catastrophic Leave Program, a copy of which is attached hereto, approved by City Council Resolution No. 2001-270 adopted December 11, 2001. 7.3 Family Medical Leave Employees may request a leave of absence under the California Family Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and/or the FMLA. 7.4 Light or Limited Duty Employees injured or ill from either on-the-job (industrial) or off-the-job (non-industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. This may involve duties that differ from the normal work duties of the employee. By virtue of this paragraph, the City does not intend to create any permanent light, limited or modified positions. 7.5 Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA) and disability provisions of the California Fail employment and Housing Act (FEHA). 7.6 Payment to Beneficiary OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 9 Upon death of an employee, any unused annual and compensatory leave shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused annual and compensatory leave shall be paid to the primary beneficiary specified by the employee on the employee's enrollment beneficiary card for City-provided life insurance. 7.7 Health Insurance The City shall provide health insurance programs as described in this section. The City reserves the right to provide these insurance programs by self-insurance, through an insurance company or by any other method which provides the coverage outlined. Any premiums paid by the employee eligible for Section 125 will be deducted from the employee’s pay on a pre- tax basis. (a) Health Insurance - The City shall offer employees and their eligible dependents, a health insurance program under the terms set forth below: 1) For the term of this Outline employees will have a choice of Kaiser Permanente (Traditional $20 Co-Pay Plan, Traditional $40 Co-Pay Plan and HSA); REMIF Self Insured Plans (Traditional $250 and $500 Deductible Plans and HSA); Sutter Health Plans, or any other comparable health plan offered by the City. 2) City will contribute up to the following amount per month toward the cost of employee medical insurance premiums for City’s offered health plans at the employee’s enrollment level: Enrollment Level 7/1/2017 - 6/30/18 2018- 2019 2019- 2020 2020- 2021 Employee Only (Single) $500 $500 $515 $530 Employee + 1 (Two Party) $1,000 $1,000 $1,030.00 $1,060 Employee + 2 (Family) $1,400 $1,400 $1,450.00 $1,500 3) The City shall provide a copy of the summary description of all health care programs offered by the City to each employee upon request. 4) Regular part-time employees may elect to participate in health insurance plans and the City will contribute a pro-rata amount (based on the allocation of the position) towards the premium. The part-time employee will be responsible for the balance of the premium through payroll deductions. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 10 (b) Alternate Benefit - Employees who opt out of medical coverage are eligible to receive an alternate benefit in the amount of $350 per month (provided as specified below) if they satisfy the following conditions: 1) The employee must provide proof of and attest to having minimum essential coverage as defined by the Internal Revenue Service (IRS) through another group health plan (or other plan deemed acceptable by the IRS) for the employee and for all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable plan year to which the opt out payment applies; 2) The employee must provide the City with proof of and attestation to coverage every plan year. Such proof and attestation must be provided at the time the employee first wishes to opt out of City-provided medical insurance, and during Open Enrollment each year thereafter, so long as the employee wishes to continue to opt out of City provided medical coverage. This alternate benefit shall be provided as a contribution to the employee’s deferred compensation account or for the purchase of supplemental life insurance and/or any other eligible benefit program approved and authorized by the City. The alternate benefit program meets all requirements for exclusion from “regular rate” calculations. (c) Joint Commitment to Affordable Health Care –Ninety (90) days prior to open enrollment, parties will work together to review preliminary health care rates and discuss any potential changes to plan design to reduce costs. However, changes necessitated by REMIF’s transition from fully insured plans to self-insured plans are outside the scope of this outline. (d) Dental Insurance- The City shall offer employees and their eligible dependents, dental insurance benefits under the terms as set forth below: 1) The City shall provide a copy of the summary description of the dental program offered by the City to each employee upon request. 2) In general, the program includes basic dental insurance coverage of payment to Delta Dental PPO network dentists OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 11 of the indicated percentage up to the maximum of $2,000 for each eligible person per year for the following benefits: i. One hundred percent (100%) of the cost of diagnostic and preventative care. ii. Eighty-five percent (85%) of the cost of basic dental services. iii. Eighty-five percent (85%) of the cost of crowns and restorations. iv. Fifty percent (50%) of the cost of prosthodontics. v. Two thousand dollar ($2,000) maximum benefit for dental services per person per year. vi. Fifty percent (50%) of the cost of orthodontics with a one thousand five hundred dollar ($1,500) lifetime maximum benefit per person. vii. Services rendered by dentists outside of the Delta Dental PPO network (including Delta Dental Non- PPO Dentists) are covered at a reduced rate; are subject to the limitation of section (v) above and a one thousand five hundred dollar ($1,500) lifetime maximum orthodontic benefit per person. (e) Vision Insurance -The City shall offer employees and their eligible dependents, a vision insurance program under the terms as set forth below: 1) The City shall pay the applicable monthly premiums and any increases during the term of this Outline. Premiums will be set by the insurer, or if self-insured by the City, using fiscally prudent methods. The City shall provide a copy of the summary description of the vision insurance program offered by the City to each employee upon request. 2) In general, the program includes an eye examination once each twelve (12) months, lenses once each twelve (12) months, and frames once each twenty-four (24) months. An employee may purchase contact lenses in lieu of the benefits summarized above. For details, allowances and restrictions, refer to the Plan documents. 7.9 Adoption Benefit The City will provide one-thousand dollars ($1,000) per child cash benefit to employees adopting minor children to help offset the cost of adoption.. 7.10 Bereavement Leave OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 12 (a) A regular employee shall be paid up to twenty-four (24) hours of bereavement leave when there is a death in their immediate family. (b) Immediate family in this case means: spouse, domestic partner, father, father-in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, child (including step-children), step-parents, aunts, uncles, grandparents, grandparent-in-law, grandchildren, relationships in loco-parentis, and close personal relationships with the approval of the City Manager or his/her designee. 7.11 Funeral Benefit The City will provide fifty percent (50%) co-payment, not to exceed two thousand dollars ($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 7.12 Long-Term Disability Insurance The City shall provide, at no premium cost to employees, long-term disability income protection insurance coverage. The basic benefit shall be sixty-six and two-thirds percent (66-2/3%) of the employee's monthly base pay with a maximum benefit of five thousand three hundred and thirty three dollars ($5,333) per month. In no event shall the employee receive more than full salary. The benefits provided under this section are subject to the characteristics of the individual program. The waiting period for the above long-term disability benefits plan shall be ninety (90) days. 7.13 Life Insurance (a) The City will continue to provide, at no premium cost to employees, fifty thousand dollars ($50,000) life insurance coverage for employees and one thousand dollars ($1,000) for dependents. This coverage includes accidental death and dismemberment benefits. (b) The City will allow, subject to the insurance carrier's approval, any employee to purchase, at his/her own cost, additional life insurance coverage under the City's group program. 7.14 Deferred Income The City will continue to make available to the employees a deferred income program, now being administered by Nationwide Retirement Solutions and International City Management Association (ICMA) or a similar program with another institution acceptable to the City. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 13 7.15 Retired, Deceased and/or Permanently and Totally Disabled Employees This Section 7.15 (including subsections) applies only to employees hired prior to July 1, 2007, and providing continuous City service since that time. The language in this section has been revised for the purposes of administrative clarification, and does not represent a change in benefits provided to current employees or retirees. (a) Definition of Terms 1) Eligible Employee” means any regular full-time or regular part- time benefited employee hired by the City before July 1, 2007, and who actively participates in and contributes to the CalPERS Retirement System, and who will be entitled, when eligible, to receive a retirement allowance from CalPERS. 2) “Retired Employee” or “Retiree” is a regular full-time or regular part-time benefited City employee hired before July 1, 2007 who retires from the City and thereafter receives a retirement allowance from CalPERS. Retirement includes service retirement or disability retirement from the City of Rohnert Park. 3) “Continuous City service” is defined as being continuous regular full-time or regular part-time benefited City employment for calculating length of continuous service and service credit. Part-time (non-benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. (b) Retirement Health Benefits For Employees Hired Prior to July 1 2007 1) Retirement Medical Benefits Eligible Employees had the option to opt out of the retirement medical benefit provided previously, and all employees hired before July 1, 2007 who are currently in the unit elected to opt out, and are therefore covered by the provisions below. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 14 Eligible Employees hired before July 1, 2007 received the following Retirement Medical Benefit, which is fully vested. Eligible Employees who elected this opt-out option shall not be subject to any retiree medical cost-sharing requirements (i.e., normal cost) during the term of their employment. (i) The City established a Retiree Health Savings Account (RHSA) in the eligible employee’s name for the Eligible Employee. The City contributed $2,000.00 per year of Continuous City Service into the RHSA. For purposes of the service credit calculation, eligible employees received service credit on a pro rata basis by month and days of service as of January 1, 2015. (ii) Upon retirement from the City, the City will provide the Retired Employee with $500 per month for the cost of retirement healthcare premiums and qualified health care expenses until the Retired Employee reaches the age of Medicare eligibility. These funds shall be provided to each member on a pre-tax basis (to the extent permitted by law), through a Retiree Health Care Reimbursement Account (RHRA). In the event of the Retired Employee’s death, the benefits provided by the City to the Retired Employee under this section will not continue for the survivors or dependent children of the Retired Employee. (iii) Retired Employees may participate at their own expense in the City’s group health insurance, subject to applicable group health insurance plan requirements. 2) Dental and Vision Benefits For Eligible Employees Upon retirement, City will provide/offer and pay on behalf of Retired Employees, the premium benefit(s) as provided for active employees at the time of retirement for dental care and vision care benefits for Retired Employees and one eligible dependent until the Retired Employee reaches the age of Medicare eligibility or elects to leave the City dental and vision system. Calculation of premium benefit will be prorated for regular, part-time employees. (i) In the event of the retired employee’s death, the benefits provided by the City to the Retired Employee under this section will not continue for the survivors or dependent children of the Retired Employee. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 15 (ii) Any Retired Employee who, after retirement from the City, becomes employed elsewhere and is covered by dental or vision care benefits by his/her new employer, said coverage provided by the City to the retired employee will be considered secondary to the coverage provided by his/her new employer, his/her new employer’s coverage shall be considered primary. Retired employees are required to notify the City’s Human Resources Department of any additional insurance coverage from new employers. 7.16 Retiree Health benefits For Employees Hired On or After July 1, 2007 Beginning July 1, 2014, on a going forward basis, regular full-time or part- time benefited City employees hired on or after July 1, 2007 shall be eligible for the benefits described below in lieu of the benefits described in Section 7.15(b) above: a) Effective July 1, 2014, the City will increase the contribution from $75.00 per month to $100.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). The monthly contribution will end upon the employee’s date of retirement or separation from the City. b) The City’s contribution to an employee’s RHSA shall be considered vested as to an employee terminating City employment with five (5) or more consecutive years of City service. c) Calculation of the monthly contribution will be prorated for regular part-time employees. No employee contribution is required. d) Subject to the eligibility criteria of REMIF and/or insurance plans, employees hired after June 30, 2007 may participate as retirees at their own expense in the City's group health insurance. 7.17 Education and Training The City desires to encourage employees to advance their education and training. The City will provide an education and training assistance program to provide reimbursement to employees for tuition, books and parking costs only for attending and completing, with a satisfactory grade (C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma State University or any other accredited educational institution acceptable to the City. All courses or classes for which reimbursement will be requested must be previously approved by the Department Head and the Human Resources Director prior to the start OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 16 of said classes and approval requested on the appropriate City form. For general guidance, acceptable courses will be those courses which are necessary to receive a Bachelor, Master, Doctorate degree or that apply to the receipt of a professional certification. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. 7.18 Longevity Pay The City shall continue to provide longevity pay to employees based on continuous years of service, as defined immediately below: Completed Years of Service Pay Percentage Increases 5 years………………………………………..…………….2% For each completed year thereafter………………….1/2 % The maximum longevity pay percentage to be paid shall be ten percent (10%) of base pay. The "completed years of service" will be determined on January 1st and July 1st only and not on an employee's employment anniversary date. For employees hired after 10/10/95, the longevity program as outlined above does not apply. 7.19 Educational Incentive Pay (a) Bachelor’s Degree The City will provide a $50.00 per month stipend to an employee possessing a Bachelor of Science or Arts Degree under the following terms and conditions: 1) An employee must have been hired after 10/10/95 and not be eligible for longevity pay as outlined in Section 7.17. 2) The Bachelor of Science or Arts Degree is not a minimum qualification or educational requirement in the employee's class specification. (b) Master’s Degree The City will provide a $50.00 per month stipend to an employee possessing a Master of Science or Arts Degree under the following terms and conditions: OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 17 1) An employee must have been hired after 10/10/95 and not be eligible for longevity pay as outlined in Section 7.17. 2) The Master of Science or Arts Degree is not a minimum qualification or educational requirement in the employee's class specification. (c) By providing educational incentive pays, the City does not infer, intend or agree to meet and confer or meet and consult over minimum qualifications or educational requirements for any position covered by this Outline. The City at its sole discretion, and as its exclusive right, determines position qualifications. 7.20 Retirement Programs a) Effective July 1, 2007, the City will provide the California Public Employees’ Retirement System (CalPERS) two and seven tenths percent (2.7%) at fifty-five (55) retirement program to miscellaneous member employees. Effective July 1, 2011, the City will provide the California Public Employees’ Retirement System (CalPERS) two percent (2.0%) at fifty-five (55) program to miscellaneous member employees hired after July 1, 2011. Effective August 1, 2011, all employees, regardless of program, will pay the required member contribution. i. The City will continue to provide the "one-year highest compensation" optional provision in its contract with CaIPERS. ii. The City will absorb any employer contribution rate increases for miscellaneous members required by CaIPERS. iii. The City will continue to provide for a 2.0% annual maximum cost-of-living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible for the 5.0% annual maximum cost-of-living allowance increase as defined in Section 21335. b) New Employees Hired On or After January 1, 2013 Who Are New Members of the CalPERS System i. Effective January 1, 2013, the City will provide the CalPERS two percent (2.0%) at sixty-two (62), highest three year average program to new miscellaneous employees (who meet the definition of a new member under PEPRA) hired on or after January 1, 2013. ii. Effective January 1, 2013, such new miscellaneous member employees hired on or after January 1, 2013, shall contribute at least fifty percent (50%) of the normal cost rate to CalPERS. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 18 iii. Pensionable compensation does not include monies paid to new miscellaneous members for bonuses, uniform allowance, overtime allowance or reimbursement for housing and vehicles, or any ad hoc or one-time payments pursuant to Government Code Section 7522.34(c). c) The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies either presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. d) Benefits provided are subject to CalPERS regulations and relevant law. e) The required employee cost sharing of employer costs described in this Section 7.20 (e) (including all subsections), shall be implemented pursuant to Government Code Section 20516 (f). The parties mutually recognize and acknowledge that these cost-sharing provisions satisfy the maximum cost-sharing terms set forth in Government Code section 20516.5, and that the cost sharing provisions will continue beyond the expiration of this Agreement. i. Required Employee Cost Sharing of Employer Costs April 30, 2017 Through June 30, 2018 Effective April 30, 2017 and through June 30, 2018, employees participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall pay, through payroll deduction, the required member contribution amounts (8% for 2.7% at 55 plan, and 7% for the 2.0% at 55 plan), and an additional one- half percent (0.5%) of PERSable compensation for a total contribution toward the cost of pension benefits of eight and one-half percent (8.5%) for the 2.7% at 55 plan, and seven and one-half percent (7.5%) for the 2.0% at 55 plan. ii. Required Employee Cost Sharing of Employer Costs July 1, 2018 Through June 30, 2019 Effective July 1, 2018 and through June 30, 2019, employees participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall pay, through payroll deduction, the amounts described in subsection 7.20(e)(i) above, and an additional one-half percent (0.5%) of PERSable compensation for a total contribution toward the cost of pension benefits of nine percent (9%) for the 2.7% at 55 plan, and eight percent (8%) for the 2.0% at 55 plan. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 19 iii. Required Employee Cost Sharing of Employer Costs Beginning July 1, 2019, and Continuing Thereafter Effective July 1, 2019, and continuing thereafter, employees participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall pay, through payroll deduction, the amounts described in subsection 7.20(e)(ii) above, and an additional one-half percent (0.5%) of PERSable compensation for a total contribution toward the cost of pension benefits of nine and one-half percent (9.5%) for the 2.7% at 55 plan, and eight and one-half percent (8.5%) for the 2.0% at 55 plan. This required cost sharing requiring miscellaneous employees to pay a total of 9.5% and 8.5% respectively of PERSable compensation toward the cost of pension benefits shall continue and constitute the status quo ante for all purposes and state statutes after the expiration of this MOU on June 30, 2021. 7.21 Dependent Care Assistance Program The City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the lnternal Revenue Service for the set-aside of employee pre-tax dollars for childcare as approved by the lnternal Revenue Service (IRS) and the California Franchise Tax Board. 7.22 Health Care Tax-Free Dollar Account Program The City will continue to provide the Health Care Tax-Free Dollar Account Program as authorized by the lnternal Revenue Service for the set-aside of employee pre-tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the lnternal Revenue Service (IRS) and the California Franchise Tax Board. 7.23 Hearing Aid Benefit The City will reimburse an employee eighty-five percent (85%) with a lifetime maximum of three thousand dollars ($3,000) for hearing aid device(s). 8. SALARY & MISCELLANEOUS PAYS 8.1 Salary Adjustment (a) Effective the pay period beginning April 30, 2017 employees shall receive a six percent (6%) increase to base salary. (b) Effective the first day of the pay period that includes July 1, 2018, employees shall receive a three percent (3%) increase to base salary. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 20 (c) Effective the first day of the pay period that includes July 1, 2019, employees shall receive a three percent (3%) increase to base salary. (d) Effective the first day of the pay period that includes July 1, 2020, employees shall receive a three percent (3%) increase to base salary. 8.2 Bilingual Pay Special compensation shall be given to employees in the Rohnert Park Confidential Unit who possess bilingual skills when the City designates a position or person as bilingually proficient. Such an employee shall demonstrate a language proficiency of job-related terminology acceptable to the Supervisor and the City Manager. Thereafter, the employee shall be entitled to bilingual pay at the rate of one hundred dollars ($100) per month. Said employee shall be subject to re-testing. Bilingual designation shall be at the sole discretion of the City. 8.3 Paychecks When the City acquires the technology to do so, the City may distribute paychecks/Automatic Deposit Notices to employees electronically on payday. Employees requesting a physical paycheck may pick it up on break or lunchtime at the City Hall front counter on payday. 8.4 Pay Change Effective Dates Any and all pay changes provided to employees, including but not limited to step increases, special pay provisions, promotions, classification changes, or similar pay increases shall become effective as follows: if the effective date of the change is in the first week of the pay period the increase will be effective on the first day of the pay period that includes the effective date of the change. If the effective date is in the second week of the pay period the change will be effective the first day of the subsequent pay period. 9. ALCOHOL AND DRUGS The City and the Confidential Unit agree to continue to work together to assist any employees who have an alcohol, alcohol related, drug, or substance abuse problem. It is mutually acknowledged that continued cooperative efforts will give employees a much better opportunity to recover from this very serious health problem. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 21 Since certain City employees are required to drive City vehicles, to think clearly and act responsibly as well as use various types of equipment, and it is known that drinking alcoholic beverages or taking certain drugs may slow a person’s reflexes and ability to think clearly. The probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as co-workers and the public at risk of injury. 9.1 Alcoholic Beverages or Other Drugs Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely, shall not be used by employees during their assigned regular workday, nor while on assigned standby duty. 9.2 Off Duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty ours, the employee must decline the request to work. 9.3 Prescription Drugs Employees using prescription drugs which affect the employee's ability to work safely must inform their supervisor and may be assigned to other appropriate duties or required to take leave. 10. SMOKING The City maintains as a clearly expressed condition of employment that employees refrain from smoking. 11. RESIDENCY This program is eliminated effective July 1, 2011. Employees receiving residency stipends of $60.00 per month as of this date may retain them unless they fail to meet the condition of residing within the City of Rohnert Park. Should such an employee lose eligibility, no re-entry to the program is permitted. 12. GRIEVANCE POLICY AND PROCEDURE The City will comply with the grievance procedure as outlined in Resolution No. 79-22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet any timeline or specifically comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance. 13. USE OF CITY FACILITIES OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 22 Employees and their spouse or domestic partner, and eligible dependents (as defined in IRS Fact Sheet FS-2005-7), will be allowed to participate with no fee imposed in open gym time, to use the weight room and locker room facility at the Sports Center when such facilities are open, and to participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center or pools by employees, their spouse or domestic partner, and/or their dependents adversely impacts the public's access to these facilities, the City may revoke this access and require payment of a fee. 14. MANAGEMENT RIGHTS Except as limited in this Outline and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Outline; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided, including the right to schedule and assign work and overtime; to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 15. WORK CURTAILMENT (NO STRIKE CLAUSE) Under no circumstances shall any employee individually or collectively cause, sanction, honor or engage in any strike, sit-down, stay-in, sick-out, slow-down, speed-up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Outline. 16. PERSONNEL RULES AND REGULATIONS The City agrees to meet and confer with the Rohnert Park Confidential Unit on any updates or changes to the Personnel Rules & Regulations. 17. TERM OF OUTLINE This Outline shall become effective on April 30, 2017 through June 30, 2021. 18. INVALIDATION OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 23 18.1 Suspension of Outline If during the term of this Outline, any item or portion thereof of this Outline is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Outline shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion which shall continue in full force and effect. 18.2 Replacement In the event of suspension or invalidation of any article or section of this Outline, the City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 19. NON-DISCRIMINATION The City acknowledges that in receiving the benefits afforded by this Outline, no person shall in any way be favored or discriminated against to the extent prohibited by law. 20. PERSONNEL FILES An employee or his/her duly authorized representative has the right to inspect his or her personnel file maintained by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. 21. EMPLOYEE PERFORMANCE EVALUATIONS Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty (30) days after the evaluation interview. OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 24 Incorporated by Reference. The following are incorporated in this Outline by reference: City Council Resolution No. 79-22, adopted February 13, 1979 - Grievance Policy and Procedure City Council Resolution No. 80-140, adopted August 11, 1980 - Regular P/T Employees’ Fringe Benefits City Council Resolution No. 2001-270, adopted December 11, 2001 – Catastrophic Leave City's Personnel Rules & Regulations OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 25 INDEX A Administrative Leave ∙ 5 Adoption Benefits ∙ 10 Alcoholic Beverages or Other Drugs ∙ 21 Alternate Benefit ∙ 9 Americans with Disabilities Act ∙ 8 Annual Leave Program ∙ 6 B Bereavement Leave ∙ 11 Bilingual Pay ∙ 21 C Call back ∙ 4 CalPERS ∙ 19 Catastrophic Leave ∙ 8 Compensatory Time ∙ 4 D Days of Work ∙ 4 Deferred Income Plan ∙ 12 Dental insurance ∙ 9 Dependent Care Assistance Program ∙ 20 E Education reimbursement ∙ 17 Educational Incentive Pay ∙ 18 Employee Performance Evaluations ∙ 24 Exempt Employees ∙ 5 F Family Medical Leave ∙ 8 Fringe Benefits Administration ∙ 7 Funeral Benefit ∙ 11 G Grievance Policy and Procedure ∙ 22 H Health Care Tax Free Dollar Account Program ∙ 20 Health insurance ∙ 8 Hearing Aid Benefit ∙ 20 Holidays Observed ∙ 5 Hours of Work ∙ 4 L Life Insurance ∙ 11 Light or Limited Duty ∙ 8 Longevity Pay ∙ 18 Long‐Term Disability Insurance ∙ 11 M Management Rights ∙ 22 Medical insurance ∙ 9 Military leave ∙ 7 Modified duty ∙ See Light or limited duty N Non‐discrimination ∙ 23 Non‐smoking Status ∙ 22 O Off Duty Hours OUTLINE-Confidential April 30, 2017 through June 30, 2021 Page 26 Alcohol and other Drugs ∙ 21 Overtime Time ∙ 4 P part‐time employees' fringe benefits ∙ 8 Paychecks ∙ 21 Period of Work ∙ 4 Personnel Files ∙ 23 Personnel Rules and Regulations ∙ 23 Prescription Drugs ∙ 21 R Residency ∙ 22 Retiree Health Savings Account ∙ 14 Retiree medical ∙ 15 Retiree medical insurance ∙ 15 Retirement Programs ∙ 19 S Short-term disability insurance program ∙ See Annual Leave Program sick leave ∙ See Annual Leave Program Smoking ∙ 22 T Term of Outline Effective Date ∙ 23 Termination Date ∙ 23 Training reimbursement ∙ 17 U Use of City Facilities ∙ 22 Use of City's swimming pools ∙ 22 Use of Sports Center ∙ 22 V Vacation leave ∙ See Annual Leave Program Vsion insurance ∙ 10 ITEM NO. 7D 1 Meeting Date: April 25, 2017 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Letter of Support for National Economic Development Week RECOMMENDED ACTION: Authorize the Mayor to sign letter of support for National Economic Development Week. BACKGROUND: The week of May 8 is National Economic Development Week. The County’s Economic Development Board is leading local activities to recognize the importance of economic development. Economic development is an on-going priority for Rohnert Park, and contributes by supporting job, a solid tax base, and a vibrant community. ANALYSIS: City Council recognition of Economic Development Week demonstrates our support of economic development, particularly in partnership with the County, our businesses, and other cities. ALIGNMENT WITH STRATEGIC PLAN: Economic Development is consistent with the Strategic Plan’s value of fiscal responsibility and goal of fiscal stability because it supports the City’s financial well-being. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends authorizing the Mayor to send a letter of support for National Economic Development Week. 2. Alternative: Staff also considered not sending a letter and recommends not taking that direction because we would lose the opportunity to demonstrate our support and partnership with others. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to the recommended action. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: April 10, 2017 Attachments (list in packet assembly order): 1. Draft Letter of Support Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT 130 Avram Avenue  Rohnert Park CA  94928  (707) 588-2226  Fax (707) 794-9248 www.rpcity.org City Council Jake Mackenzie Mayor Pam Stafford Vice Mayor Amy O. Ahanotu Gina Belforte Joseph Callinan Councilmembers ________________ Darrin Jenkins City Manager Don Schwartz Assistant City Manager Michelle Marchetta Kenyon City Attorney Karen Murphy Assistant City Attorney JoAnne Buergler City Clerk Betsy Howze Finance Director Brian Masterson Director of Public Safety John McArthur Director of Public Works and Community Services Mary Grace Pawson Director of Development Services Victoria Perrault Human Resources Director April 25, 2017 Shirlee Zane Board Chair Sonoma County Board of Supervisors 575 Administration Drive Santa Rosa, CA 95403 RE: Support for National Economic Development Week Dear Board Chair Zane: On behalf of the city of Rohnert Park and in recognition of National Economic Development Week, I write to recognize the importance of local economic development in Sonoma County. The City is proud to be a key economic partner supporting a strong economy and workforce. I would particularly like to call out the spirit of partnership demonstrated by your Economic Development Board. It sets an excellent example of true city‐county collaboration. Together with EDB, we are honored to engage in helping build a diverse, inclusive and vibrant economy committed to increasing the quality of life in Sonoma County. Respectfully, Jake Mackenzie, Mayor City of Rohnert Park ITEM NO. 8 1 Meeting Date: April 25, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approval of the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency and Related Actions RECOMMENDED ACTIONS:  Adopt a Resolution Approving the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency.  Appoint a Director and Alternate Director to sit on the Board of Directors of the Santa Rosa Plain Groundwater Sustainability Agency. BACKGROUND: In 2014, the state of California adopted The Sustainable Groundwater Management Act of 2014 ("the Act" or “SGMA”). While the Act is complex piece of legislation, its primary goals are:  To ensure that the significant groundwater basins in California (those designated as high and medium priority by the Department of Water Resources) are “sustainably managed,”  To provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater. There are three medium priority basins in Sonoma County: the Petaluma Basin, the Santa Rosa Plain Basin and the Sonoma Valley Basin. The City draws a portion of its water supply from the Santa Rosa Plain Basin which requires it to comply with the Act. To achieve its stated goal of sustainability, the Act requires that Groundwater Sustainability Agencies (“GSAs”) be in place in each significant basin by June 30, 2017. The GSAs are then required to adopt Groundwater Sustainability Plans (“GSPs”) by January 31, 2022. The Act defines the agencies that are eligible to be GSAs as local agencies with water supply powers, land use powers or both. The City is an eligible GSA agency for the Santa Rosa Plain groundwater basin. The Act also provides that a collection of eligible agencies may form a GSA through a Joint Powers Agreement, a Memorandum of Understanding or other legal agreement. The Act provides that mutual and investor owned utilities (private water companies) may join a GSA by agreement. The Act provides that the County government is the default GSA in each high and medium priority basin unless other agreements are made. Finally, the Act allows the state to step in and become the GSA and develop and implement the required Groundwater Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 8 2 Sustainability Plan if the local agencies cannot arrive at an agreement. This final provision provides strong incentive for local agencies to work together. In October 2015, the City Council, along with elected decision makers from other GSA eligible agencies adopted a set of principles for GSA formation. These principles are:  Groundwater sustainability planning under the Act should build upon existing cooperation, established frameworks, and successful water management efforts in Sonoma County, including the adopted groundwater management plans in the Sonoma Valley and Santa Rosa Plain.  Local agencies1 should work together to identify a cohesive and equitable approach to governance in which each local agency has a meaningful voice.  The governance structure should reinforce the “local management” principles embodied in Act by ensuring that management decisions are made at the local level in each groundwater basin.  To avoid redundancies, opportunities should be found for sharing resources (expertise and infrastructure) across basins.  Costs should be equitably shared in forming GSAs and implementing the Act.  In addition to the local agencies, community stakeholders2 should be represented through advisory committees to provide diverse viewpoints in plan development and implementation.  A robust and transparent outreach program should be conducted to provide information to and receive input from private well owners and the general public regarding the Act. With the guidance of these principles, the various eligible agencies agreed in concept that:  A GSA should be formed for each basin (Sonoma Valley, Petaluma and Santa Rosa);  A Joint Powers Authority (JPA) provides the best and most flexible structure for implementing the requirements of the Act;  The Board of the JPA should be composed of the GSA eligible agencies in each basin;  A strong advisory committee that includes representatives of the eligible agencies together with other important stakeholders (e.g. agricultural water users, environmental advocates, rural well owners) is necessary for the success of each GSA. Within the Santa Rosa Plain, the GSA eligible agencies are: Sonoma County Sonoma County Water Agency Sonoma Resource Conservation District Goldridge Resource Conservation District City of Cotati City of Rohnert Park City of Sebastopol City of Santa Rosa Town of Windsor 1 SGMA defines “local agency” as a local public agency that has water supply, water management or land use responsibilities within a groundwater basin. 2 SGMA requires the consideration of all beneficial uses and users of groundwater. “Community stakeholders” includes, but is not limited to, all interests identified in Section 10723.2 of the Water Code. ITEM NO. 8 3 In the Santa Rosa Plain, Cal American Water, an investor-owned utility, has led an effort to organize the mutual water companies and investor owned utilities into a cohesive group that has requested participation, as allowed by the Act. With guidance from the policy principles and some direction from elected decision makers, staff has been working to develop an agreement to form a Joint Powers Authority (JPA) for the Santa Rosa Plain GSA. This agreement is being presented for consideration to each of the eligible agencies in the basin during the months of April and May, with a goal of having an approved JPA by mid-May. Each participating agency is also being asked to appoint its director and alternate director to the JPA board. The JPA board will convene on Thursday June 1 in Santa Rosa in order to authorize a filing with the Department of Water Resources that establishes the JPA as the Groundwater Sustainability Agency for the Basin. This filing must be made by June 30, 2017 in order to avoid state intervention. ANALYSIS: The primary purpose and responsibility of the GSA is to develop the Groundwater Sustainability Plan and manage the groundwater basin for long term sustainability. In order to achieve this, the Act provides GSAs with the authority to:  Adopt rules, regulations, ordinances, and resolutions;  Conduct investigations and inspect property;  Mandate registration of groundwater extraction facilities;  Install water-measuring devices and require annual extraction statements to determine groundwater extraction;  Impose well spacing requirements and control extractions by regulating, limiting or suspending extractions from wells;  Assess fees to establish and implement a groundwater management plan. The JPA agreement has been developed with the intent of allowing the new GSA to flexibly and effectively utilize its authorities in a manner that is appropriate for the Santa Rosa Plain groundwater basin. The agreement works to balance the interests of all users in the basin and is particularly sensitive to the “balance of power” between urban and rural entities and the need for strong support from all members in order to the new agency to be effective. Major elements of the agreement are discussed below. Agency Composition Initial Members: The JPA proposes that the new GSA will be composed of the GSA eligible agencies including Sonoma County, Sonoma County Water Agency, Sonoma Resource Conservation District, Goldridge Resource Conservation District, the cities of Cotati, Rohnert Park, Santa Rosa and Sebastopol and the Town of Windsor. At this point in time, the staff of all agencies, except Sebastopol, are recommending that their agency join the JPA. Because only a small portion of Sebastopol’s corporate limits are in the Santa Rosa Plain groundwater basin and because its wells are technically outside of the basin, Sebastopol is currently weighing the benefits of joining the JPA and participating financially. Under any circumstance, Sebastopol will participate on the Advisory Committee for the GSA. Mutual Water Companies and PUC Regulated Water Companies: The JPA proposes that these entities participate in the GSA through agreement with one seat on the board of directors. The ITEM NO. 8 4 new GSA Board of Directors will approve the “participation agreement” with these entities as an early action. New Members: The JPA anticipates that, over time, new GSA eligible agencies may form within the basin. These new agencies are eligible to join the JPA in the future, provided they agree to the terms of the JPA and make any financial contribution that may be required at the time. Termination of Members and Suspension of Voting Rights: While the JPA has been developed to be deliberately inclusive of eligible and even potentially eligible agencies, membership in the GSA comes with significant responsibilities. Because of this, the JPA includes provisions that allow a member to be terminated if it does not meet its financial obligations. The JPA allows a member’s voting rights to be suspended if its director or alternate miss three consecutive meetings (it is anticipated that the JPA board will meet every two to three months while the Groundwater Sustainability Plan is being developed). Board of Directors Composition: The Board of Directors of the JPA is proposed to be composed of a director, supervisor or councilmember from each eligible agency. The exception is the mutual water company/investor-owned utility group, which will appoint one director to sit on the board to represent their group. Each member agency is being asked to appoint both a director and an alternate. Staff will participate on the Advisory Committee. Ex-Officio Provision: As noted above, the JPA anticipates that new eligible agencies may form over time. The JPA includes a provision that if a potential new agency has received approval or conditional approval from the Local Agency Formation Commission or the State Legislature (in the case of an agency created by special legislation), it may appoint a non-voting, ex-officio director while it completes the formation process. If the potential new agency is not able to successfully complete the formation process, it will lose its ex-officio seat. Quorum: The JPA defines a quorum of the Board as a majority of the directors. For the proposed GSA with either 9 or 10 members (depending on Sebastopol’s decision), a quorum would consist of 5 or 6 directors. The quorum definition is intended to encourage participation by all member agencies because of the significant responsibilities invested in this new agency. Voting: Each JPA director will have one, equally-weighted vote. Most actions of the GSA can be approved by a majority vote of the directors. The JPA defines a “supermajority” as three-fourths of the Directors or 7 or 8 directors (depending on Sebastopol’s choice). Items that require a supermajority vote include:  Bylaws adoption, modification or alteration  Groundwater Sustainability Plan adoption, modification or alteration  Removal of Advisory Committee members  Modifications to the composition and number of Advisory Committee members  Adoption of assessments, charges and fees  Adoption of regulations and ordinances  Adoption or modification of annual budget, including capital projects  Property acquisition (excepting rights of way)  Appointment of Fiscal Agent and Treasurer  Amendments to the Agreement ITEM NO. 8 5  Suspension of member’s voting rights for non-participation  Changes to the list of supermajority approval items. The JPA requires a unanimous vote of the members to assess financial contributions upon the members and a near unanimous vote to terminate a member which has not met its financial obligations to the GSA (the delinquent member will not be allowed to participate in this vote). City Appointments and First Meeting: Should Council approve the Agreement, staff is requesting that it also appoint its primary and alternate directors. The director or alternate will need to participate in the first meeting of the JPA board which will take place on Thursday, June 1, 2017 from 5pm to 8 pm in Santa Rosa. The meeting location has not been finalized but will be somewhere within the boundaries of the Santa Rosa Plain groundwater basin. Advisory Committee The Sustainable Groundwater Management Act requires that all GSAs consider all beneficial uses and users of groundwater in the basin. In order to achieve this type of broad consideration, the JPA establishes a Brown Act Advisory Committee to the GSA Board. The Advisory Committee is to be composed of an appointee from each eligible agency (likely technical staff), a representative from Graton Rancheria (tribal entities require special consideration under SGMA) and “interest group members” that will be appointed by the GSA Board. The JPA defines the interest group members as  Environmental representatives (2)  Rural residential well owners (2)  Business community representative (1)  Agricultural interest representatives (2) Given this composition, the Advisory Committee will consist of 18 members, which is a large group. However, the composition of this group is similar to current Basin Advisory Committee, which has been working on voluntary groundwater management activities for over five years. This history should allow the group to be an important and effective resource to the GSA Board, while ensuring that a broad range of interests has the ability to shape the long-term policies that will impact them. Financial Contribution All GSA eligible agencies share the goal of ensuring that the new Groundwater Sustainability Agency is “self-funding” as soon as possible. While the GSA Board will ultimately have the final decision on rates, fees and charges, staff envisions that the GSA’s funding will come from some type of a property-based fee or rate that is proportional to groundwater use. However, until this rate can be properly established, it is necessary to fund “start-up” costs for the new GSA, including administration of the GSA Board and Advisory Committee and the technical and financial work necessary to establish a rate or fee and begin work on the required Groundwater Sustainability Plan. Staff has worked to develop a first year budget of approximately $460,000 and a second year budget of approximately $533,000 for the GSA, which compares well to budgets for similar agencies forming around the state. Staff will also be pursing grant funding, which is anticipated to become available later this year, to help with the GSA’s work. ITEM NO. 8 6 Based on the initial budget, the “start-up” contribution from each member agency, except the Sonoma RCD, will be $49,000 in the first year and $57,000 in the second year if Sebastopol joins the JPA and $55,000 in the first year and $64,000 in the second year if it does not. Because Sonoma RCD is participating in all three groundwater basins (Santa Rosa, Petaluma and Sonoma), its total contribution will be $60,000, which will be divided evenly across the three basins. OPTIONS CONSIDERED: Staff has considered three options. 1. Recommended Option: Approve the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency and appoint a director and alternate director to the board. This option is the recommended option because it will provide the City with the most direct, ongoing control and influence of groundwater policy in the Santa Rosa Plain. 2. Alternative Option – Rohnert Park GSA: staff also considered the option of the City forming its own Groundwater Sustainability Agency, which is feasible but difficult and will likely be more expensive for the City. Staff is not recommending this option. 3. Alternative Option – Participate on the Advisory Committee only. The proposed JPA anticipates a case where a GSA eligible agency chooses not to participate on the board and allows the agency to retain a seat on the advisory committee. Because groundwater is such a significant component of the City’s water supply, staff is not recommending that the City participate only on the advisory committee level. STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic Plan Goal A – Practice Participative Leadership at All Levels. By committing to participation in the GSA, the Council will be effectively engaging with the other entities that have the legislative authority to sustainably manage groundwater. Staff believes that high level leadership and participation is the most effective means of ensuring that the changes needed to comply with new state regulations are equitably and pragmatically made throughout the groundwater basin. Staff also believes that City participation in the proposed JPA, rather than independent action by the City, is the best way to manage the shared groundwater resource while protecting the interests of Rohnert Park’s ratepayers. FISCAL IMPACT/FUNDING SOURCE: The upper end of fiscal impact of this action is $55,000 in fiscal year 2017-18 and $64,000 in fiscal year 2018-19 (the “start-up funding”). The funding for this action is included in the proposed Fiscal Year 2017-18 budget for the City’s Water Enterprise Fund. While the JPA envisions that some of these costs could be offset by “in- kind services”, because the City has a relatively small staff that is highly committed to the City’s own priorities, staff is not recommending that the City undertake in-kind work. As noted above, each participating agency, including the mutual water company/investor-owned utility group, is providing “start-up funding” at a similar level. As discussed above, the GSA Board will be working over the course of the first two years to establish an equitable rate for groundwater use that allows the GSA to become self-funding and ideally repay the participating entities for their start-up contributions. The timing of this potential repayment has not been established. Because the City uses groundwater, it will likely pay an ongoing rate to the GSA, reflecting its “fair share” of the GSA costs. These long term costs will be budgeted through the Water Enterprise Fund. ITEM NO. 8 7 Department Head Approval Date: 04/06/2017 Finance Director Approval Date: NA City Attorney Approval Date: 04/10/2017 City Manager Approval Date: 04/13/2017 Attachments (list in packet assembly order): 1. Resolution Approving the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency. 2. Resolution Exhibit A – Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency 1 RESOLUTION NO. 2017-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SANTA ROSA PLAIN GROUNDWATER SUSTAINABILITY AGENCY AND RELATED ACTIONS WHEREAS, the comprehensive groundwater legislation collectively enacted and referred to as the “Sustainable Groundwater Management Act” at California Water Code Section 10720 et. seq. (“SGMA”) initially became effective on January 1, 2015; and WHEREAS, the stated purpose of SGMA, as set forth in California Water Code section 10720.1, is to provide for the sustainable management of groundwater basins at a local level by providing local groundwater agencies with the authority, technical and financial assistance necessary to sustainably manage groundwater; and WHEREAS, SGMA requires the designation of Groundwater Sustainability Agencies (“GSAs”) for the purpose of achieving groundwater sustainability through the adoption and implementation of Groundwater Sustainability Plans (“GSPs”) or an alternative plan for all medium and high priority basins as designated by the California Department of Water Resources; and WHEREAS, each GSA Member is a local agency, as defined by SGMA, within the Santa Rosa Plain Groundwater Subbasin (“Basin”) which is designated basin number 1-55.01 in Department of Water Resources Bulletin No. 118 and which is designated as a medium priority basin; and WHEREAS, SGMA requires that the Basin have a designated GSA by no later than June 30, 2017 and an adopted GSP by no later than January 31, 2022; and WHEREAS, SGMA authorizes a combination of local agencies to form a GSA by entering into a joint exercise of powers agreement; and WHEREAS, the Members are authorized by the Joint Exercise of Powers Act (Chapter 5 of Division 7 of Title 1 of the California Government Code) (“Act”) to create the GSA for the purpose of jointly exercising those powers granted by the Act and any additional powers which are common among them; and WHEREAS, the Members, individually and collectively, have the goal of cost effective sustainable groundwater management that considers the interests and concerns of all beneficial uses and users of groundwater, understanding that each Member will contribute to the costs of the operation of the GSA until such time that the GSA is self-sustaining; and WHEREAS, in order to promote efficiency and sharing of resources, the Members, individually and collectively, encourage coordination between GSAs in Sonoma County; and WHEREAS, the City of Rohnert Park desires to enter into a Joint Exercise of Powers Agreement with the other Members, substantially in the form attached to the accompanying ( 2 ) 2017-049 agenda report, in order to establish a Joint Powers Authority as the Basin GSA and undertake the management of groundwater resources pursuant to SGMA; and WHEREAS, Agreement will require elected official participation on the Santa Rosa Basin Board of Directors, and the appointment by the City Council of a Director and an Alternate Director. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the formation of the Santa Rosa Basin Groundwater Sustainability Agency and the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency in substantially in the form included in Exhibit A. BE IT FURTHER RESOLVED, that Mayor is authorized to execute the Joint Powers Agreement and to appoint a Director and Alternate Director to the Santa Rosa Plain Groundwater Sustainability Agency. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including designation of the City’s representative to the Advisory Committee to the Board of Directors of the Santa Rosa Plain Groundwater Sustainability Agency. DULY AND REGULARLY ADOPTED this 25th day of April, 2017. CITY OF ROHNERT PARK ____________________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) FINAL DRAFT April 17, 2017 JOINT EXERCISE OF POWERS AGREEMENT creating the SANTA ROSA PLAIN GROUNDWATER SUSTAINABILITY AGENCY i Table of Contents RECITALS........................................................................................................................................... 4 AGREEMENT TERMS ....................................................................................................................... 5 Article I: Definitions .......................................................................................................................... 5 Section 1.01 – Definitions. ................................................................................................................... 5 Article II: Agency Creation ................................................................................................................ 6 Section 2.01 – Creation of the Agency. ............................................................................................... 7 Section 2.02 – Purpose of the Agency. ................................................................................................ 7 Article III: Term ................................................................................................................................. 7 Section 3.01 – Term. ............................................................................................................................ 7 Article IV: Powers.............................................................................................................................. 7 Section 4.01 – Powers. ......................................................................................................................... 7 Section 4.02 – Exercise of Powers. ...................................................................................................... 9 Section 4.03 – Water Rights and Consideration of all Beneficial Uses and Users of Groundwater in the Basin. .............................................................................................................................................. 9 Section 4.04 – Preservation of Powers. .............................................................................................. 10 Article V: Membership .................................................................................................................... 10 Section 5.01 – Members. .................................................................................................................... 11 Section 5.03 – New Members. ........................................................................................................... 12 Article VI: Directors and Officers .................................................................................................... 12 Section 6.01 – Board of Directors. ..................................................................................................... 12 Section 6.02 – Directors and Alternates. ............................................................................................ 12 Section 6.02.03 Ex Officio Member . ............................................................................................... 13 Section 6.03 – Officers of the Board. ................................................................................................. 13 Section 6.04 – Appointment of Officers of the Board. ...................................................................... 13 Article VII: Board Meetings and Actions ........................................................................................ 13 Section 7.01 – Initial Meeting. ........................................................................................................... 13 Section 7.02 – Regular Meeting Schedule. ........................................................................................ 13 Section 7.03 – Conduct of Board Meetings. ...................................................................................... 14 Section 7.04 – Quorum. ..................................................................................................................... 14 Section 7.05 – Voting. ........................................................................................................................ 14 Section 7.06 – Supermajority Voting Requirement. .......................................................................... 14 Section 7.07 – Unanimous Voting Requirement. ............................................................................... 14 Article VIII: Board Committees ....................................................................................................... 14 Section 8.01 – Committees of the Board. .......................................................................................... 14 Section 8.02 – Advisory Committee. ................................................................................................. 15 Article IX: Operations and Management ......................................................................................... 15 Section 9.01 – Administrator and Plan Manager. .............................................................................. 15 ii Section 9.02 – Legal Counsel and Other Officers. ............................................................................. 15 Section 9.03 – Employees and Management. .................................................................................... 15 Section 9.04 – Principal Office. ......................................................................................................... 16 Section 9.05 – Bylaws. ....................................................................................................................... 16 Section 9.06 – Official Seal and Letterhead. ...................................................................................... 16 Section 9.07 – Conflict of Interest Code. ........................................................................................... 16 Article X: Financial Provisions ........................................................................................................ 16 Section 10.01 – Establishment of Funds. ........................................................................................... 16 Section 10.02 – Initial Agency Funding Commitments. .................................................................... 16 Section 10.03 – Fiscal Year. .............................................................................................................. 18 Section 10.04 – Treasurer, Controller and Annual Audit. ................................................................. 18 Section 10.05 – Funds; Property; Bonds. ........................................................................................... 18 Section 10.06 – Budget. ..................................................................................................................... 18 Section 10.07 – Payments To The Agency. ....................................................................................... 18 Article XI: Relationship of Agency And Its Members .................................................................... 19 Section 11.01 – Separate Entity. ........................................................................................................ 19 Section 11.02 – Liabilities.................................................................................................................. 19 Section 11.03 – Indemnity and Insurance. ......................................................................................... 19 Section 11.04 – Agreements With Member Agencies ....................................................................... 19 Section 11.05 – Withdrawal of Members. ......................................................................................... 20 Section 11.06 – Termination of Members. ......................................................................................... 20 Section 11.07 – Continuing Obligations upon Withdrawal or Termination. ..................................... 20 Section 11.08 – Dissolution. .............................................................................................................. 21 Section 11.09 – Disposition of Property Upon Termination . ............................................................ 21 Article XII: Miscellaneous Provisions .............................................................................................. 21 Section 12.01 – Agreement Complete. .............................................................................................. 21 Section 12.02 – Amendment. ............................................................................................................. 21 Section 12.03 – Successors and Assigns. ........................................................................................... 22 Section 12.04 – Dispute Resolution. .................................................................................................. 22 Section 12.05 – Execution In Parts Or Counterparts. ........................................................................ 23 Section 12.06 – Member Authorization. ............................................................................................ 23 Section 12.07 – No Predetermination or Irretrievable Commitment of Resources. .......................... 23 Section 12.08 – Notices. .................................................................................................................... 23 Section 12.09 – Severability And Validity Of Agreement. ................................................................ 23 Section 12.10 – Singular Includes Plural. .......................................................................................... 23 SIGNATURE LINES ................................................................................................................... 24 iii EXHIBIT A .................................................................................................................................. 25 EXHIBIT B .................................................................................................................................. 26 Advisory Committee to the Agency Board .................................................................................. 26 Membership ....................................................................................................................................... 26 Member Appointment ........................................................................................................................ 27 Application Timeline ......................................................................................................................... 28 Advisory Committee Member Terms ................................................................................................ 28 Decision Making and Governing Board Consideration ..................................................................... 28 Public Process .................................................................................................................................... 28 4 SANTA ROSA PLAIN GROUNDWATER SUSTAINABILITY AGENCY JOINT EXERCISE OF POWERS AGREEMENT THIS JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) forming the Santa Rosa Plain Groundwater Sustainability Agency (“Agency”) is made and entered into as of ___________________, 2017 (“Effective Date”), by and among the public agencies listed on the attached Exhibit “A” (collectively “Members” and individually “Member”) for the purpose of forming a Groundwater Sustainability Agency (“GSA”) and achieving groundwater sustainability in the Santa Rosa Plain Groundwater Basin. RECITALS WHEREAS, the comprehensive groundwater legislation collectively enacted and referred to as the “Sustainable Groundwater Management Act” at California Water Code Section 10720 et. seq. (“SGMA”) initially became effective on January 1, 2015. WHEREAS, the stated purpose of SGMA, as set forth in California Water Code section 10720.1, is to provide for the sustainable management of groundwater basins at a local level by providing local groundwater agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater. WHEREAS, SGMA requires the designation of Groundwater Sustainability Agencies (“GSAs”) for the purpose of achieving groundwater sustainability through the adoption and implementation of Groundwater Sustainability Plans (“GSPs”) or an alternative plan for all medium and high priority basins as designated by the California Department of Water Resources. WHEREAS, each Member is a local agency, as defined by SGMA, within the Santa Rosa Plain Groundwater Subbasin (“Basin”) which is designated basin number 1-55.01 in Department of Water Resources Bulletin No. 118 and which is designated as a medium priority basin. WHEREAS, pursuant to Section 10723 of the California Water Code, SGMA authorizes a water corporation regulated by the Public Utilities Commission (“PUC”) or a mutual water company to participate in a GSA through agreement. WHEREAS, certain PUC-regulated (PUCR) and mutual water companies (MWC) within the Basin have entered into a Memorandum of Understanding for the purpose of selecting a common representative to serve as a member of the GSA Board (“MWC/PUCR MOU”). WHEREAS, SGMA requires that the Basin have a designated GSA by no later than June 30, 2017 and an adopted GSP by no later than January 31, 2022. WHEREAS, SGMA authorizes a combination of local agencies to form a GSA by entering into a joint powers agreement. WHEREAS, the Members are authorized by the Joint Exercise of Powers Act (Chapter 5 5 of Division 7 of Title 1 of the California Government Code) (“Act”) to create the Agency for the purpose of jointly exercising those powers granted by the Act and any additional powers which are common among them. WHEREAS, the Members, individually and collectively, have the goal of cost effective sustainable groundwater management that considers the interests and concerns of all beneficial uses and users of groundwater. WHEREAS, in order to promote efficiency and sharing of resources, the Members, individually and collectively, encourage coordination between GSAs in Sonoma County. WHEREAS, the Members hereby enter into this Agreement to establish this Joint Powers Authority to form a GSA and undertake the management of groundwater resources pursuant to SGMA. AGREEMENT TERMS NOW THEREFORE, in consideration of the matters recited and the mutual promises, covenants, and conditions set forth in this Agreement, the Members hereby agree as follows: Article I: Definitions Section 1.01 – Definitions. As used in this Agreement, unless the context requires otherwise, the meaning of the terms hereinafter set forth shall be as follows: (a) “Act” shall mean the Joint Exercise of Powers Act, set forth in Chapter 5 of Division 7 of Title 1 of the California Government Code, sections 6500, et seq., including any amendments thereto. (b) “Administrator” shall mean the person or entity appointed by the Board pursuant to Section 9.01.01 to manage the operation of the Agency. (c) “Agency” shall mean the Santa Rosa Plain Groundwater Sustainability Agency, which is a separate entity created by this Agreement pursuant to the provisions of California Government Code sections 6500 et seq. (d) “Agreement” means this Santa Rosa Plain Groundwater Sustainability Agency Joint Exercise of Powers Agreement. (e) “Basin” shall mean the Santa Rosa Plain Groundwater Subbasin which is designated basin number 1-55.01 in Department of Water Resources’ Bulletin No. 118 and as its boundaries may be modified from time to time through the procedures described in California Water Code section 10722.2 or by the Department of Water Resources under its separate authority. 6 (f) “Board of Directors” or “Board” shall mean the governing body of the Agency as established by Section 6.01 of this Agreement. (g) “Bylaws” shall mean the bylaws adopted by the Board of Directors pursuant to Section 9.05 of this Agreement to govern the day-to-day operations of the Agency. (h) “Director” and “Alternate Director” shall mean a Director or Alternate Director appointed by a Member pursuant to Section 6.02 of this Agreement. (i) “Ex Officio Member” shall mean an entity invited to participate in the Agency pursuant to Section 5.02 of this Agreement. (j) “Fiscal Year” shall mean July 1st through June 30th pursuant to Section 10.03 of this Agreement. (k) “Groundwater Sustainability Agency” or “GSA” shall have the meaning set forth in California Water Code section 10721(j). (l) “Groundwater Sustainability Plan” or “GSP” shall have the meaning set forth in California Water Code section 10721(k). (m) “Local Agency” or “Local Agencies” shall have the meaning set forth in California Water Code Section 10721(n). (n) “Member” or “Members” shall mean the local agencies listed in the attached Exhibit “A” that have executed this Agreement, including any new Members that may subsequently join this Agency with the authorization of the Board, pursuant to Section 5.02 of this Agreement. (o) “MWC/PUCR Director” shall mean the person selected to represent the Basin area mutual water companies and PUC regulated utilities on the GSA Board pursuant to the MWC/PUCR MOU. (p) “Plan Manager” shall mean the person appointed by the Board to oversee the preparation and implementation of the GSP and who has been delegated management authority for submitting the GSP, GSP amendments, annual reports, and five-year assessments and serving as the point of contact between the Agency and the Department of Water Resources. The Plan Manager shall be a professional engineer, professional geologist or certified hydrogeologist, or someone who has demonstrated experience and knowledge in the foregoing areas as determined by the Board. (q) “Sustainable Groundwater Management Act” or “SGMA” shall mean the comprehensive groundwater legislation collectively enacted and referred to as the “Sustainable Groundwater Management Act” (“SGMA”) as codified in California Water Code Sections 10720 et seq. and as may be amended in the future. Article II: Agency Creation 7 Section 2.01 – Creation of the Agency. There is hereby created a joint powers agency known as the Santa Rosa Plain Groundwater Sustainability Agency (“Agency”). The Agency shall be, to the extent provided by law, a public entity separate from the Members of this Agreement. Section 2.02 – Purpose of the Agency. The purpose of this Agreement, and the creation of the Agency, is to provide for the joint exercise of powers common to the Members, to specifically include powers granted by SGMA, for the purpose of cooperatively carrying out the requirements of SGMA, including, but not limited to, serving as the GSA for the Basin. Article III: Term Section 3.01 – Term. This Agreement shall become operative on the Effective Date, provided that at least two of the Members listed in Exhibit A have executed this Agreement by said date. If an eligible agency listed in Exhibit A has not executed this Agreement by May 12, 2017 it will lose its right to join through execution of this Agreement and its membership will be subject to the process for inclusion of new Members set forth in Section 5.02, provided, however, that if an eligible agency is diligently pursuing approval of this Agreement from its governing board and has obtained approval not later than May 26, 2017, then it shall be allowed to join without adherence to Section 5.02. This Agreement shall remain in effect until terminated by the unanimous written consent of all then active Members or until there are less than two Members remaining in the Agency; provided, however, that this Agreement shall remain in effect during the term of any contractual obligation or indebtedness of the Agency that was previously approved by the Board. Article IV: Powers Section 4.01 – Powers. The Agency shall possess the ability to exercise those powers specifically granted by the Act and SGMA. Additionally, the Agency shall possess the ability to exercise the common powers of its Members related to the purposes of the Agency, including, but not limited to, the following: 4.1.1 To designate itself the GSA for the Basin pursuant to SGMA. 4.1.2 To adopt rules, regulations, policies, bylaws and procedures governing the operation of the Agency and the adoption and implementation of the GSP. 4.1.3 To develop, adopt and implement a GSP for the Basin pursuant to SGMA. 8 4.1.4 To adopt ordinances within the Basin consistent with the purpose of the Agency as necessary to implement the GSP and otherwise meet the requirements of SGMA. 4.1.5 To employ agents and employees. 4.1.6 To obtain legal, financial, accounting, technical, engineering, and other services needed to carry out the purposes of this Agreement. 4.1.7 To conduct studies, collect and monitor all data related and beneficial to the development, adoption and implementation of the GSP for the Basin. 4.1.8 To perform periodic reviews of the GSP including submittal of annual reports. 4.1.9 To require the registration and monitoring of wells within the Basin. 4.1.10 To issue revenue bonds or other appropriate public or private debt and incur debts, liabilities or obligations. 4.1.11 To exercise the powers permitted under Government Code section 6504 or any successor statute. 4.1.12 To levy taxes, assessments, charges and fees as provided in SGMA or otherwise provided by law. 4.1.13 To regulate and monitor groundwater extractions within the Basin as permitted by SGMA, provided that this Agreement does not extend to a Member’s operation of its system to distribute water once extracted or otherwise obtained, unless and to the extent required by other laws now in existence or as may otherwise be adopted. 4.1.14 To establish and administer projects and programs for the benefit of the Basin. 4.1.15 To cooperate, act in conjunction and contract with the United States, the State of California, or any agency thereof, counties, municipalities, special districts, groundwater sustainability agencies, public and private corporations of any kind (including without limitation, PUC regulated utilities and mutual water companies), and individuals, or any of them, for any and all purposes necessary or convenient for the full exercise of the powers of the Agency. 4.1.16 To accumulate operating and reserve funds and invest the same as allowed by law for the purposes of the Agency and to invest funds pursuant to California Government Code section 6509.5 or other applicable State Law. 4.1.17 To apply for and accept grants, contributions, donations and loans under any 9 federal, state or local programs for assistance in developing or implementing any of its projects or programs for the purposes of the Agency. 4.1.18 To acquire by negotiation, lease, purchase, construct, hold, manage, maintain, operate and dispose of any buildings, property, water rights, works or improvements within and without the respective boundaries of the Members necessary to accomplish the purposes described herein. 4.1.19 To sue or be sued in its own name. 4.1.20 Any additional powers conferred under SGMA or the Act or under applicable law, insofar as such powers are needed to accomplish the purposes of SGMA, including all powers granted to the Agency under Article 4 of the Act which are in addition to the common powers of the Members, including the power to issue bonds or otherwise incur debts, liabilities or obligations to the extent authorized by the Act or any other applicable provision of law and to pledge any property or revenues of the rights thereto as security for such bonds and other indebtedness. 4.1.21 Any power necessary or incidental to the foregoing powers in the manner and according to the procedures provided for under the law applicable to the Members to this Agreement and to perform all other acts necessary or proper to fully carry out the purposes of this Agreement. Section 4.02 – Exercise of Powers. In accordance with California Government Code section 6509, the foregoing powers shall be subject to the restrictions upon the manner of exercising such powers pertaining to the County of Sonoma. Section 4.03 – Water Rights and Consideration of all Beneficial Uses and Users of Groundwater in the Basin. As set forth in California Water Code section 10723.2, and any future amendments to SGMA, the GSA shall consider the interests of all beneficial uses and users of groundwater in the Basin, as well as those responsible for implementing the GSP. Additionally, as set forth in California Water Code section 10720.5(a), and any future amendments to SGMA, any GSP adopted pursuant to this Agreement shall be consistent with Section 2 of Article X of the California Constitution and nothing in this Agreement modifies the rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, with the exception that no extraction of groundwater between January 1, 2015 and the date the GSP is adopted may be used as evidence of, or to establish or defend against, any claim of prescription. Likewise, as set forth in California Water Code section 10720.5(b), and any future amendments to SGMA, nothing in this Agreement or any GSP adopted pursuant to this Agreement determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights. 10 Section 4.04 – Preservation of Powers. Nothing set forth in this Agreement is intended to abrogate the powers of any Member, independent of the Agency, including but not limited to police power, as applicable. The adopted GSP shall not authorize any water supply augmentation to the Basin with groundwater extracted from another groundwater basin within the jurisdiction of a Member without the express consent of that Member. Section 4.05 – Coordination between Basins. In order to maintain consistency and the efficient use of resources, to the extent feasible, the Agency shall endeavor to coordinate between and among the other Sonoma County GSAs for administration, matters involving public communication and outreach, and for developing frameworks to support groundwater management, which may include agreement to certain areas of coordination, provided that the Agency retain its own authority and that such recommendations are ratified by the Board. The Agency may clarify and acknowledge coordination among the other GSAs through a document or agreement if deemed appropriate. Section 4.06 – Agreement with MWC/ PUCRs. The Agency will enter into a single participation agreement with the Basin area mutual water companies and PUC-regulated entities located within the Basin who are parties to the MWC/PUCR MOU to allow participation in the GSA as authorized by SGMA. Such participation agreement shall allow the selection of one representative, as well as an alternate, pursuant to the MWC/PUCR MOU to serve as the MWC/PUCR Director and Alternate Director on the GSA Board. The participation agreement with the MWC/PUCRs shall contain the same provisions regarding termination, suspension of voting rights, and continuing obligations upon withdrawal or termination as those that pertain to the Members pursuant to Sections 11.06 and 11.07. Section 4.07 – Public Meeting for Periodic Review of Agreement. To ensure that the Agency's governance structure addresses the interests and concerns of those affected by its activities, the Board shall conduct a public meeting at the following milestones to review the terms and conditions of this Agreement and discuss whether any amendments to this Agreement are necessary or advisable:  Upon completion of an initial fee study  Within three years of submittal of the GSP to DWR  At least once every ten years after adoption of the GSP At such public meeting the Administrator and Agency Counsel shall make a report to the Board recommending any amendments to the Agreement, and if directed by the Board shall draft proposed amendments to this Agreement for consideration by the governing boards of each Member. This section shall not preclude the Members from making amendments of this Agreement at other times as deemed necessary or appropriate by the Members, in accordance with Section 12.02 of this Agreement. Article V: Membership 11 Section 5.01 – Members. The Members of the Agency shall be the local agencies listed on the attached Exhibit “A”, so long as their Membership has not been withdrawn or terminated pursuant to the provisions of Article XI of this Agreement. Section 5.02 – Ex Officio Members. An entity that is pursuing formation of a local public agency that is qualified to join the Agency under the provisions of SGMA and the Act, may submit to the Agency documentation of its formation process. Such documentation shall include: 5.02.01 For an entity going through Sonoma County Local Agency Formation Commission (Sonoma LAFCO):  All documentation submitted to the Sonoma LAFCO, including: o Complete Application/Petition Packet o Plan for Services, which shall include its five-year plan, budget and funding information, and staffing plan, and which shall demonstrate that the entity will meet the SGMA definition of local public agency and provide an analysis of how the entity will support SGMA implementation o Map, showing boundaries and parcels  Documentation of Sonoma LAFCO’s approval or conditional approval of entity’s application/petition Upon receipt of the above documentation, the entity will be invited to join the Board as an Ex Officio Member, with no voting rights. Such Ex Officio participation will cease upon any of the following:  If LAFCO granted conditional approval, failure to meet any of the required conditions  Failure to conduct the required elections for formation within timeframe required by LAFCO  Failure of required elections for formation to pass  Failure to complete formation process within three years of becoming Ex Officio Member 5.02.02 For an entity going through a special legislative process outside Sonoma LAFCO:  Final text of the enacted and enrolled bill which shall demonstrate that the entity will meet the SGMA definition of local public agency and include provisions regarding how the entity will support SGMA implementation  Documentation that the bill has been chaptered by the Secretary of State Upon receipt of the above documentation, the entity will be invited to join the Board as an Ex Officio Member, with no voting rights. Such Ex Officio participation will cease upon any of the following: 12  Failure to conduct required elections, if any, for formation within the timeframe specified by the legislation, if any. If no timeframe is specified, within one year of the effective date of the legislation.  Failure of required elections, if any, for formation to pass.  Failure to satisfy other requirements, if any, specified in the legislation for formation within the timeframe specified by the legislation, if any. If no timeframe is specified, within one year of the effective date of the legislation. Section 5.03 – New Members. Upon submittal of an application for membership, new Members shall be admitted to the Agency so long as: 1) the new Member is located or has jurisdictional boundaries within the Basin; 2) the new Member is a local public agency or another entity authorized by SGMA that is qualified to join the Agency under the provisions of SGMA and the Act; and 3) the new Member agrees to the terms of this Agreement, including applicable financial obligations, which may be determined based at no more than an equal share of the unreimbursed Funding Commitments of the other Members pursuant to Section 10.02 or as established pursuant to Section 10.07. Once an application is accepted by the Board of Directors, this Agreement is executed by an authorized representative of the new Member, and the new Member satisfies any applicable financial obligation of the new Member, the attached Exhibit “A” shall be amended to reflect the new Member, and such action by the Board shall not be subject to the requirements of Section 12.02. Article VI: Directors and Officers Section 6.01 – Board of Directors. The Agency shall be governed and administered by a Board of Directors (“Board”) which is hereby established and which shall be composed of one voting seat per Member and one voting seat for the MWC/PUCR MOU Representative. The governing board shall be known as the “Board of Directors of the Santa Rosa Plain Groundwater Sustainability Agency.” All voting power shall reside in the Board. Section 6.02 – Directors and Alternates. Directors and Alternates shall be appointed as follows: 6.02.01 Members: Each Member shall appoint one Director and one Alternate Director to the Board. The Alternate Director shall serve and assume the rights and duties of the Director when the Director is unable to attend a Board meeting. The Directors and Alternate Directors shall be elected or appointed officials of their governing bodies. Directors and Alternate Directors shall serve at the pleasure of the Member appointing them and they may be removed at any time, with or without cause, in the sole discretion of their 13 respective Members. Each Director and Alternate Director shall hold office until their successor is selected by their Member and the Agency has been notified of the succession. In the event that a Director or Alternate Director loses their position as an official of their Member’s governing body, that Director position shall become vacant and that Member shall appoint a new Director. 6.02.02 MWC/PUCR: The MWC/PUCR MOU Director, and an Alternate Director, shall be selected in accordance with the MWC/IOU MOU and any applicable provisions of the participation agreement. Section 6.02.03 Ex Officio Member: For any Ex Officio Member established pursuant to Section 5.02, the Ex Officio Member shall appoint one representative who shall reside within the proposed geographic boundaries of the Ex Officio Member. The Ex Officio Member may participate in Board discussions but shall have no voting rights. Section 6.03 – Officers of the Board. Officers of the Agency’s Board shall consist of a Chairperson and Vice-Chairperson. The Chairperson shall preside at all meetings of the Board, while the Vice-Chairperson shall perform the duties of the Chairperson in the absence or disability of the Chairperson. The Chairperson and Vice-Chairperson shall exercise and perform such other powers and duties as may be assigned by the Board. Section 6.04 – Appointment of Officers of the Board. The Board shall annually elect the Officers of the Board from the Directors. Officers of the Board shall hold office for a term of two years commencing on July 1 of every other calendar year and they may serve for multiple consecutive terms. Officers of the Board may be removed and replaced at any time, with or without cause by a Board vote. In the event that an Officer of the Board loses their position as a Director, that Officer of the Board position shall become vacant and Board shall elect a new Officer from existing Board members to serve the remaining Officer term. Article VII: Board Meetings and Actions Section 7.01 – Initial Meeting. The initial meeting of the Board, which shall be held for purpose of meeting the requirements of California Water Code Section 10723, including decision of the Agency to serve as the GSA for the Basin, shall be held at a location overlying the Basin on or before June 20, 2017. Section 7.02 – Regular Meeting Schedule. The Board shall establish by resolution, bylaws, or other procedure a regular meeting time and place at the initial meeting of the Board. The Board may vote to change the regular meeting time and place provided that the new location remains at a place overlying the Basin. 14 Section 7.03 – Conduct of Board Meetings. Meetings of the Board of Directors shall be noticed, held, and conducted in accordance with the provisions of The Brown Act (California Government Code sections 54950, et seq.). Section 7.04 – Quorum. A quorum of the Board shall consist of a majority of the Directors. Section 7.05 – Voting. Each Director shall have one vote. A majority vote of the Directors is needed for the adoption of any action, except those which require a supermajority three-fourths vote or a unanimous vote. Section 7.06 – Supermajority Voting Requirement. A supermajority vote is three-fourths of the Directors. Items that require a supermajority vote to pass consist of the following, which may be amended from time to time by the Board by a supermajority vote, or as may otherwise be required by this Agreement (See Sections 9.03, 11.06 and 12.02.02) or by law:  Bylaws adoption, modification or alteration  GSP adoption, modification or alteration  Removal of Advisory Committee members  Modifications to the composition and number of Advisory Committee members  Adoption of assessments, charges and fees  Adoption of regulations and ordinances  Adoption or modification of annual budget, including capital projects  Property acquisition (excepting rights of way)  Appointment of Fiscal Agent and Treasurer, subject to the provisions of Section 9.03 and/or Section 10.04, Administrator, Plan Manager or General Legal Counsel  Minor, administrative amendments to this Agreement not subject to Section 12.02.02 Section 7.07 – Unanimous Voting Requirement. Items that require a unanimous vote of the Board to pass consist of the following, which may be amended from time to time by the Board by a unanimous vote, or as otherwise required by law:  Financial Commitments of the Members, whether through the budget approval process or otherwise Article VIII: Board Committees Section 8.01 – Committees of the Board. 15 The Board of Directors may from time to time establish one or more advisory committees or establish standing or ad hoc committees to assist in carrying out the purposes and objects of the Authority. The Board shall determine the purpose and need for such committees and the necessary qualifications for individuals appointed to them. Section 8.02 – Advisory Committee. The Board shall establish an Advisory Committee. Meetings of the Advisory Committee shall be noticed, held, and conducted in accordance with the provisions of The Brown Act (California Government Code sections 54950, et seq.). Through the use of the Advisory Committee, the Board shall ensure that the development of the GSP includes the meaningful participation of all beneficial uses and users of groundwater in the Basin. Composition of the Advisory Committee is intended to represent the beneficial uses and users of groundwater identified in SGMA. A Committee member’s participation shall not violate the California Political Reform Act of 1974 (Gov. Code, § 81000 et seq.), the provisions of California Government Code section 1090 et seq., or any other applicable law. The Advisory Committee’s purpose and membership is described in Exhibit B. Article IX: Operations and Management Section 9.01 – Administrator and Plan Manager. 9.01.01 Administrator: The Board may appoint an Administrator, from time-to-time as and when it deems appropriate. If appointed, the Administrator shall serve at the pleasure of the Board of Directors and his/her duties and responsibilities shall be set forth by the Board. The Administrator shall have the authority to hire employees, consistent with the approved budget. 9.01.02 Plan Manager: The Board shall appoint a Plan Manager. The Administrator and Plan Manager may be the same individual. The Plan Manager shall serve at the pleasure of the Board of Directors and his/her duties and responsibilities shall be set forth by the Board. Section 9.02 – Legal Counsel and Other Officers. The Agency may appoint General Legal Counsel who shall serve at the pleasure of the Board. Subject to the limits of the Agency’s approved budget, the Board shall also have the power to appoint and contract for the services of other officers, consultants, advisers and independent contractors as it may deem necessary or convenient for the business of the Agency, all of whom shall serve at the pleasure of the Board. The appointed General Legal Counsel and other appointed officers of the Agency may be employees or contractors of one or more of the Members, in accordance with Sections 9.03 and 11.04. Appointment of a General Legal Counsel from among Member employees or contractors shall be subject to all applicable Rules of Professional Responsibility, and notwithstanding anything to the contrary in this Agreement, each of the Members expressly reserve and do not waive their rights to approve or disapprove of potential conflicts of Agency General Legal Counsel. Section 9.03 – Employees and Management. 16 In addition to, or in lieu of, hiring employees, the Agency may engage one or more Members to manage any or all of the business of the Agency on terms and conditions acceptable to the Board of Directors. Any Member so engaged shall have such responsibilities as are set forth in the contract for such Member’s services, which shall be approved by a super-majority vote of the Directors representing the non-contracting Member. Section 9.04 – Principal Office. At the initial meeting of the Board, the Board shall establish a principal office for the Agency, which shall be located at a place overlying the Basin. The Board may change the principal office from time to time so long as that principal office remains at a location overlying the Basin. Section 9.05 – Bylaws. The Board shall adopt Bylaws governing the conduct of meetings and the day-to-day operations of the Agency on or before the first anniversary of the Effective Date of this Agreement. Section 9.06 – Official Seal and Letterhead. The Board may adopt, and/or amend, an official seal and letterhead for the Agency. Section 9.07 – Conflict of Interest Code. The Board shall adopt and file a Conflict of Interest Code pursuant to the provisions of the Political Reform Act of 1974 within six months of the Effective Date. The Board may review and revise the Conflict of Interest Code from time to time as appropriate or when required by law. Article X: Financial Provisions Section 10.01 – Establishment of Funds. The Board shall establish and maintain such funds and accounts as may be required by generally accepted public agency accounting practices. The Agency shall maintain strict accountability of all funds and report all receipts and disbursements of the Agency on no less than a quarterly basis. Section 10.02 – Initial Agency Funding Commitments. In order to initially fund the Agency, the Members, as well as the MWC/PUCRs pursuant to the participation agreement, shall each provide the funding commitment amounts listed in the tables below (“Funding Commitment”), with the Funding Commitment to be paid by the identified due dates in the tables below. Such Funding Commitments may be made by payment to the Agency, providing services to the Agency through an agreement with the Agency, or through a combination of both. If any portion of a Member’s Funding Commitment is to be provided through a services agreement, such Member shall strive to enter into a services agreement with the Agency by the initial due date. The timeframe for payment of any remainder amounts shall be determined by the Board of Directors based on the funding and operational needs of the Agency, and shall be due and payable within thirty (30) days of request for funds as issued by the Agency, provided that 17 billing of Members may take into account the larger agency Members’ ability and willingness to make payments prior to the smaller agency Members. To the extent the Agency is able to secure other funding sources in the future, and to the extent permitted by law, the Agency shall reimburse any Funding Commitment amount to each Member on a proportionate basis. Fiscal Year 2017-18: Total FY 2017-18 Commitment Initial Commitment amount due by July 31, 2017 City of Cotati $ 55,000 $ 18,000 City of Rohnert Park $ 55,000 $ 18,000 City of Santa Rosa $ 55,000 $ 18,000 Town of Windsor $ 55,000 $ 18,000 Gold Ridge Resource Conservation District $ 55,000 $ 18,000 Sonoma Resource Conservation District $ 20,000 $ 6,600 County of Sonoma $ 55,000 $ 18,000 Sonoma County Water Agency $ 55,000 $ 18,000 MWC/PUCR* $ 55,000 $ 18,000 TOTAL $460,000 $150,600 For Fiscal Year 2018-19, the Members shall each be prepared to make the following Funding Commitment to the Agency based on a projected annual budget amount of $530,000, provided, however, that it is understood and agreed that the actual funding needs of the Agency may vary and will depend on the actual 2018-19 budget as adopted by the Board. In the event the funding needs are greater than those anticipated in the proposed fiscal year 2018-19 budget, any excess Funding Commitment is subject to Board approval pursuant to Section 7.07. * The Initial Funding Commitment of the MWC/PUCRs shall be due within 30 days of final approval and execution of the MWC/PUCRs participation agreement or by July 31st, whichever date is later. Total FY 2018-19 Commitment Initial Funding Commitment amount due by July 31, 2018 City of Cotati $ 64,000 $ 21,000 City of Rohnert Park $ 64,000 $ 21,000 City of Santa Rosa $ 64,000 $ 21,000 Town of Windsor $ 64,000 $ 21,000 18 Gold Ridge Resource Conservation District $ 64,000 $ 21,000 Sonoma Resource Conservation District $ 20,000 $ 6,600 County of Sonoma $ 64,000 $ 21,000 Sonoma County Water Agency $ 64,000 $ 21,000 MWC/PUCR $ 64,000 $ 21,000 TOTAL $532,000 $174,600 Section 10.03 – Fiscal Year. The Fiscal Year of the Agency shall be July 1 to June 30. Section 10.04 – Treasurer and Annual Audit. The Sonoma County Auditor-Controller-Treasurer-Tax Collector shall act as the initial Treasurer for the Agency. The Treasurer shall perform all usual and customary duties of their offices for the Agency, including but not limited to receiving all deposits, issuing warrants per direction, and other duties specified in Government Code section 6505.5. The Board may transfer the responsibilities of the Treasurer, by three-fourths supermajority vote of the Board, to any other person or entity as the law may provide at the time (see e.g., Government Code section 6505.5). The Board shall cause an independent annual audit to be made by a certified public accountant, or public accountant, in compliance with Government Code section 6505. Section 10.05 – Funds; Property; Bonds. The Board may from time to time designate the officers and persons, in addition to those specified in Section 10.04 above, who shall have charge of, handle, or have access to any funds and/or property of the Agency. Pursuant to California Government Code section 6505.1, each such officer and person shall file a bond in an amount designated by the Board. Section 10.06 – Budget. The Board shall adopt a budget for the Agency for the ensuing Fiscal Year not later than April 1st of each year. The Board may authorize mid-year budget adjustments, as needed. Section 10.07 – Payments To The Agency. All fees, costs and expenses incurred by the Agency may be funded from: (i) voluntary contributions from third parties, such as grants; (ii) voluntary contributions, advances or loans from the Members or other sources; (iii) bond revenue; (iv) taxes, assessments, fees and/or charges levied by the Agency under the provisions of SGMA or otherwise provided by law; and, (v) subject to the unanimous vote of the Board, assessments on the Members to carry out the activities of the Agency generally applicable to all Members. 19 Article XI: Relationship of Agency And Its Members Section 11.01 – Separate Entity. In accordance with California Government Code Sections 6506 and 6507, the Agency shall be a public entity separate and apart from the parties to this Agreement. Section 11.02 – Liabilities. In accordance with California Government Code section 6508.1, the debt, liabilities and obligations of the Agency shall be the debts, liabilities and obligations of the Agency alone and not of its Members. The Members do not intend hereby to be obligated either jointly or severally for the debts, liabilities or obligations of the Agency, except as may be specifically provided for in California Government Code Section 895.2 as amended or supplemented. Section 11.03 – Indemnity and Insurance. 11.03.01 Indemnity. Funds of the Agency may be used to defend, indemnify, and hold harmless the Agency, each Member, each Director, and any officers, agents and employees of the Agency for their actions taken within the course and scope of their duties while acting on behalf of the Agency. To the fullest extent permitted by law, the Agency agrees to save, indemnify, defend and hold harmless each Member, each Director, and any officers, agents and employees of the Agency from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, or are attributable in whole or in part, to the conduct, activities, operations, acts, and omissions of the Agency. 11.03.02 Agency Insurance and Liability Coverage Requirements The Agency shall be required to obtain insurance, or join a self-insurance program in which one or more of the Members participate, appropriate for its operations. Any and all insurance coverages provided by the Agency, and/or any self-insurance programs joined by the Agency, shall name each and every Member as an additional insured for all liability arising out of or in connection with the operations by or on behalf of the named insured in the performance of this Agreement. Minimum levels of the insurance or self-insurance program shall be set by the Agency in its ordinary course of business. The Agency shall also require all of its contractors and subcontractors to have insurance appropriate for their operations. All amounts coverages and provisions of the insurance policies identified in this Section 11.03B shall be subject to the approval of Agency Legal Counsel. Section 11.04 – Agreements With Member Agencies The Board may approve agreements with one or more Members that agree to undertake activities to benefit the Agency and further its purposes by a majority vote of the Directors representing the non-contracting Members. 20 Section 11.05 – Withdrawal of Members. Any Member shall the have the ability to withdraw by providing one hundred eighty (180) days written notice of its intention to withdraw. Said notice shall be given to the Board and to each of the other Members. A Member shall not be fiscally liable for the adopted budget provided that the Member provides written notice one hundred eighty (180) days prior to the adoption of the budget. Notwithstanding the foregoing, any Member shall have the ability to withdraw by providing not less than ninety (90) days written notice of its intention to withdraw prior to the adoption of the 2018-19 budget. A Member shall not be fiscally liable for the fiscal year 2018-19 Funding Commitment provided that said Member has provided a timely notice of its intent to withdraw to the Board and each of the other Members. In the event of a withdrawal, this Agreement shall continue in full force and effect among the remaining members as set forth in Section 11.07 below. Section 11.06 – Termination of Members. Any Member’s failure to meet its funding obligations pursuant to Sections 10.02 or 10.07 of this Agreement may be treated as a breach of this Agreement and the Board may vote to terminate such Member. Such termination shall be approved by unanimous consent of all Directors except the Director of the Member proposed to be terminated. In lieu of termination, the Board may in its discretion vote to suspend a Member’s voting privileges for failure to meet its funding obligations pursuant to Section 10.02 or 10.07 until the Member has satisfied its funding obligations. Such suspension of voting privileges shall be approved by a supermajority vote, as defined in Section 7.06 above but excepting the Director of the Member proposed to have its voting privileges suspended. In the event a Member’s voting privileges are suspended, that Member shall not be counted for purposes of determining a majority or supermajority vote in accordance with Sections 7.05 and 7.06. In the event of termination of a Member, this Agreement shall continue in full force and effect among the remaining members as set forth in Section 11.07 below, and such action by the Board shall not be subject to the requirements of Section 12.02. Before terminating a Member for breach pursuant to this section, the Board must satisfy the meet and confer requirements under Section 12.04. As part of the meet and confer process, the Board and the Member proposed to be terminated may conduct mediation in accordance with Section 12.04. Any Member’s failure to be represented by a Director or Alternate Director of the Member for three consecutive meetings (regular or special) of the Board may be considered a breach of this Agreement for which the Board may vote to suspend a Member’s voting privileges for one or more meetings of the Board. Such suspension of voting privileges shall be approved by a supermajority vote, as defined in Section 7.06 above but excepting the Director of the Member proposed to have its voting privileges suspended. In the event a Member’s voting privileges are suspended, that Member shall not be counted as a member of the Board for purposes of determining a majority or supermajority vote in accordance with Sections 7.05 and 7.06. Suspension of a Member’s voting privileges under this section shall not excuse that Member from its obligations under this Agreement, including but not limited to, continuing Funding Commitments to the Agency and attendance at meetings. Section 11.07 – Continuing Obligations upon Withdrawal or Termination. 21 Except as provided for in Section 11.05, any withdrawal or termination of a Member, shall not relieve the withdrawing or terminating Member of its financial obligations arising under this Agreement prior to the effective date of the withdrawal or termination, including but not limited to financial obligations or guarantees for loans provided by individual Members, if applicable. The withdrawal or termination of one or more Members shall not terminate this Agreement or result in the dissolution of the Agency. This Agreement shall remain in full force and effect among the remaining members, following the withdrawal or termination of any Member, and the Agency shall remain in operation provided that there are at least two Members remaining in this Agreement, and shall continue to function as the GSA for the Basin. Section 11.08 – Dissolution. The Agency may be dissolved at any time upon the unanimous vote of the Board. However, the Agency shall not be dissolved until all debts and liabilities of the Agency have been eliminated, or allocated, assigned and assumed by individual Members, or another entity or individual. Upon Dissolution of the Agency, each Member shall receive its proportionate share (in proportion to the contributions made by each Member) of any remaining assets after all Agency liabilities and obligations have been paid in full. The distribution of remaining assets may be made “in kind” or assets may be sold and the proceeds thereof distributed to the Members. This distribution shall occur within a reasonable time after dissolution. No former member which previously withdrew or was terminated shall be entitled to a distribution upon dissolution. Section 11.09 – Disposition of Property Upon Termination of Agency or Board Determination of Surplus. Upon termination of this Agreement or upon determination by the Board that any surplus money is on hand, such surplus money shall be returned to the then Members of the Agency that contributed such monies in proportion to their contributions or such surplus money may be applied to a Board designated reserve account. The Board shall first offer any surplus properties, works, rights and interests of the Agency for sale to the individual Member and the sale shall be based on highest bid. If no such sale is consummated, the Board shall offer the surplus properties, works, rights and interests of the Agency for sale in accordance with applicable law to any governmental agency, private entity or persons for good and adequate consideration. Article XII: Miscellaneous Provisions Section 12.01 – Agreement Complete. The foregoing constitutes the full and complete Agreement of the Members. This Agreement supersedes all prior agreements and understandings, whether in writing or oral, related to the subject matter of this Agreement that are not set forth in writing herein. Section 12.02 – Amendment. 12.02.01 Minor Amendments. Minor, administrative amendments to this Agreement may be made by supermajority vote pursuant to Section 7.06. 22 12.02.02. Other Amendments. Amendments to this Agreement related to the following provisions may be amended from time to time by the unanimous consent of the Members, acting through their governing bodies. Such amendments shall be in the form of a writing signed by each Member.  Any change in Powers  Any change in Board composition, except as already provided for in this Agreement  Any change in Voting requirements  Any changes to Liabilities and Indemnification provisions  Any changes to Termination and Withdrawal provisions  Elimination of the Advisory Committee Section 12.03 – Successors and Assigns. The rights and duties of the Members may not be assigned or delegated without the written consent of all other Members. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void. Any assignment or delegation permitted under the terms of this Agreement shall be consistent with the terms of any contracts, resolutions or indentures of the Agency then in effect. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Members hereto. This section does not prohibit a Member from entering into an independent agreement with another agency regarding the financing of that Member’s contributions to the Agency or the disposition of proceeds, which that Member receives under this Agreement so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Agency or the Members under this Agreement. Section 12.04 – Dispute Resolution. In the event there are disputes and/or controversies relating to the interpretation, construction, performance, termination, breach of, withdrawal from or other issue related to this Agreement, the Members that are party to the dispute (the “Disputing Parties”) agree to meet and confer in a good faith attempt to resolve the dispute. On the request of any Disputing Party to meet and confer, the other Disputing Parties agree to provide available dates within 21days of the meet and confer request. The Disputing Parties may agree to schedule additional meet and confer sessions. If the Disputing Parties are unable to resolve the dispute by meeting and conferring, they shall mediate the dispute. The cost of any such mediation will be borne equally by the Disputing Parties. If the Disputing Parties cannot agree on a mediator, they may select a mediator by alternately striking names from a list of available mediators from JAMS or a similar mediation service provider. The Disputing Parties will provide all other Members written notice of any scheduled mediation and the issues subject to mediation at least 10business days prior to the mediation. One representative for each Member not party to the dispute and one Agency staff representative may attend any mediation under this section to represent the Members’ and the Agency’s interests related to the mediation. The cost of such representatives’ attendance 23 shall be borne by the Members and the Agency so represented. The mediator may, in the mediator’s sole discretion limit the participation of representatives of Members not party to the dispute and/or any Agency representative in the interest of successfully mediating the dispute. No settlement of a dispute subject to this section will bind the Agency or any Members not party to the dispute except to the extent the settlement is approved by the Agency Board by unanimous vote of the Directors of the non-disputing Members. Section 12.05 – Execution In Parts Or Counterparts. This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the Members hereto. Facsimile or electronic signatures shall be binding. Section 12.06 – Member Authorization. The governing bodies of the Members have each authorized execution of this Agreement, as evidenced by their respective signatures below. Section 12.07 – No Predetermination or Irretrievable Commitment of Resources. Nothing herein shall constitute a determination by the Agency or any Member that any action shall be undertaken or that any unconditional or irretrievable commitment of resources shall be made, until such time as the required compliance with all local, state, or federal laws, including without limitation the California Environmental Quality Act, National Environmental Policy Act, or permit requirements, as applicable, have been completed. Section 12.08 – Notices. Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours to the addresses set forth for each of the Members hereto on Exhibit “A” of this Agreement, or to such other changed addresses communicated to the Agency and the Members in writing. Section 12.09 – Severability And Validity Of Agreement. Should the participation of any Member to this Agreement, or any part, term or provision of this Agreement be decided by the courts or the legislature to be illegal, in excess of that Member’s authority, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms or provisions of this Agreement shall not be affected thereby and each Member hereby agrees it would have entered into this Agreement upon the same remaining terms as provided herein. Section 12.10 – Singular Includes Plural. Whenever used in this Agreement, the singular form of any term includes the plural form and the plural form includes the singular form. 24 IN WITNESS WHEREOF, the Members hereto, pursuant to resolutions duly and regularly adopted by their respective Board of Directors or governing board, have caused their names to be affixed by their proper and respective officers as of the day and year first above- written. SIGNATURE LINES [Insert Signature Block for Each Member] Date 25 EXHIBIT A MEMBERS City of Cotati City of Rohnert Park City of Santa Rosa Town of Windsor Sonoma Resource Conservation District Gold Ridge Resource Conservation District Sonoma County Water Agency County of Sonoma 26 EXHIBIT B Advisory Committee to the Agency Board The purpose of the advisory committee is to provide input and recommendations to the Agency Board on groundwater sustainability plan development and implementation and GSA policies. The intent of the committee is to provide community perspective and participation in the GSA. The Advisory Committee will review and/or provide recommendations to the Agency Board on groundwater-related issues that may include:  Development, adoption or amendment of the GSP  Sustainability goals and objectives  Best management practices  Monitoring programs  Annual work plans and reports (including mandatory 5-year milestone reports)  Modeling scenarios  Inter-basin coordination activities  Projects and management actions to achieve sustainability  Community outreach  Local regulations to implement SGMA  Fee proposals  General advisory The Advisory Committee will not be involved in the Agency budget or day-to-day operations, such as personnel staffing or contracting. Membership Composition of the Advisory Committee is intended to represent the beneficial uses and users of groundwater identified in the Sustainable Groundwater Management Act. Committee members may not serve concurrently on the Agency Board. Members must live or work within the Santa Rosa Plain Groundwater Basin or represent an organization with a presence in Santa Rosa Plain Groundwater Basin, identified by the Department of Water Resources current Bulletin 118. Committee membership is based on the interest group and member agency designations described below. Notwithstanding the foregoing, the Board may choose to appoint one of the interest-based members of the Advisory Committee from outside the Bulletin 118 Basin, provided such member resides, works or represents an organization with a presence in the watershed which contributes to the Basin. Each Member of the Agency, as well as the MWC/PUCRs, will appoint a representative from staff or the community to the Advisory Committee, for a total of nine members: 1. City of Santa Rosa 27 2. Town of Windsor 3. City of Rohnert Park 4. City of Cotati 5. Sonoma County 6. Sonoma County Water Agency 7. Sonoma Resource Conservation District 8. Gold Ridge Resource Conservation District 9. Mutual Water Companies/ PUC-Regulated The following GSA eligible entities have elected not to participate on the Agency Board but shall hold a seat on the Advisory Committee. These entities, not the Agency Board, will appoint their representatives: 10. Graton Rancheria 11. City of Sebastopol The Agency Board will appoint 7 interest-based members: 12. Environmental representative 13. Environmental representative 14. Rural residential well owner 15. Rural residential well owner 16. Business community representative 17. Agricultural interest (surface water or GW user) 18. Agricultural interest (surface water or GW user) Member Appointment The Agency Board will appoint members to fill the interest-based seats. Interested individuals from the community or local organizations may apply to the Agency Board, designating in the application the seat that the applicant would intend to fill. The Agency Board encourages entities and individuals within each interest group to work together to recommend a single candidate to fill that interest’s seat. The Agency Board will give strong consideration to appointing candidates that have the backing of multiple organizations or individuals within that interest group. The Agency Board encourages candidates with experience and familiarity with groundwater and its management. The Agency Board will also give preference to applicants with experience working with diverse community-based groups. For one of the rural residential well representatives, the Agency Board will give preference to appointees that can represent the interests of disadvantaged populations or interests that are otherwise under-represented on the Advisory Committee. For agricultural representatives, preference will be given for diversity between surface and groundwater reliance for agricultural operations. 28 Application Timeline The Agency Board will establish a timeline and process for appointment of the initial advisory committee following Agency formation. In subsequent years, applicants will submit an application and statement of interest for vacant seats to the Agency Board by October 1 of the year prior to the beginning of the term for that seat. The GSA will post applications on its web site. At-large appointments from Members will be due to the Agency Board by November lst. The GSA governing board will appoint interest-based committee members at its final meeting of each calendar year as necessary. Terms will commence in January of the subsequent year. Advisory Committee Member Terms The initial Advisory Committee appointments will include seats with three-year terms (interest-based categories) and two-year terms (eligible entity appointees). Following initial committee appointment, all member terms will be two years. Advisory Committee Members are not term-limited; however, interest-based members must apply for each term. If a vacancy occurs for an interest-based seat before the end of the term, the Agency Board will appoint a new member to complete the term. Vacancies for any of the eligible entity appointees shall be filled by their respective agency. The Agency Board can remove an interest-based committee member if the member is not performing responsibilities. The Agency Board will appoint alternates if the Board deems alternate committee members necessary. If appointing alternates, the Agency Board will request that the Member agency also provide alternates for eligible entity appointments. Decision Making and Governing Board Consideration To inform Agency Board decision-making, the Advisory Committee will provide written recommendations in reports. The recommendations reports will identify areas of agreement and disagreement. The committee will strive for consensus when possible, but reaching consensus is not necessary. Consensus means that everyone can at least “live with it.” When unable to reach consensus on recommendations, the committee will outline the areas in which it does not agree, providing some explanation to inform Agency Board decision- making. The committee may request that one or more committee members present its recommendations to the Agency Board, including areas of agreement and disagreement, consistent with committee deliberations. Pursuant to Agency Board direction, Agency staff will develop the annual work plan and schedule for committee meetings. The Advisory Committee will adopt a charter and will appoint a chair and vice-chair. The Agency Board will consider advisory committee recommendations when making decisions. If the Agency Board does not agree with the recommendations of the Advisory Committee, the Agency Board shall state the reasons for its decision. Public Process All Advisory Committee meetings are subject to the Brown Act and will be open to the 29 public. The GSA will announce committee meetings on its web site and through its regular communication channels. Sustainable Groundwater Management Act Governance in Santa Rosa Plain Recommended Actions Adopt a Resolution Approving the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency Appoint a Director and Alternate Director to sit on the Board of Directors of the Santa Rosa Plain Groundwater Sustainability Agency Sustainable Groundwater Management Act (SGMA) applies to three basins in the County Step three Achieve Sustainability 20 years after adoption of plan Required Steps to Groundwater Sustainability Step one Form Groundwater Sustainability Agency June 30, 2017 Step two Develop Groundwater Sustainability Plan January 31, 2022 Authority & Responsibility of the Groundwater Management Agency Must adopt a Groundwater Sustainability Plan May undertake additional activities to manage the basin: •Conduct studies •Register & monitor wells •Set well spacing requirements •Require extraction reporting •Regulate extractions •Implement capital projects •Assess fees to cover costs Santa Rosa Plain Basin Conditions Local Implementation: GSA-Eligible Agencies PETALUMA VALLEY SANTA ROSA PLAIN SONOMA VALLEY City of Petaluma City of Cotati City of Sonoma North Bay Water District City of Rohnert Park Valley of the Moon Water District County of Sonoma City of Santa Rosa North Bay Water District Sonoma County Water Agency City of Sebastopol County of Sonoma Sonoma Resource Conservation District Town of Windsor Sonoma County Water Agency County of Sonoma Sonoma Resource Conservation District Sonoma County Water Agency Sonoma Resource Conservation District Gold Ridge Resource Conservation District PROPOSED GOVERNANCE STRUCTURE IN SANTA ROSA PLAIN Forming Groundwater Sustainability Agencies Adopted Principles for Developing GSA Governance Options •Build upon existing cooperation and successful water management efforts in Sonoma County •Reinforce “local management” principles in SGMA •Share resources and identify cohesive approach •Costs should be equitably shared •Represent community stakeholders through advisory committees •Conduct robust and transparent outreach Groundwater Sustainability Agency (GSA) Framework Structure Petaluma Valley GSA & GSP Santa Rosa Plain GSA & GSP Sonoma Valley GSA & GSP 1 GSA & 1 GSP per basin with formal coordination between basins Proposed Governance: Santa Rosa Plain GSA Board •GSA Board: One elected/appointed official from from each GSA-eligible entity •GSA eligibility is established by SGMA and verified by the State •GSA-eligible entities that are being formed can receive ex-officio (non-voting seat) while formation is in process Proposed Governance: Voting •One vote per member •Simple majority for “housekeeping” •75 % super-majority vote for fees, regulations, budgets •Unanimous vote to assess member entities Proposed Governance: Periodic Check-In To ensure that agreement meets GSA needs, a public review will be held: •After initial fee study •After Groundwater Sustainability Plan is adopted •Every 10 years after GSP adoption Proposed Governance Advisory Body •Purpose: Strong stakeholder group to advise the Board •Representation: 1 appointee from each member and at-large appointees made by the GSA Board •At -large Appointments:Formal application process •Terms: Two-year terms •Transparency:Public process, Brown Act meetings •Decision-making:Charter & protocols Advisory Body Role Advise GSA Board on: •Development and implementation of Groundwater Sustainability plan •Regulations •Fees •Capital projects •Programs •Communications with stakeholder constituencies Advisory Body Composition GSA-ELIGIBLE ENTITY APPOINTMENTS AT -LARGE APPOINTMENTS One from each entity participating in GSA: 1.Cotati 2.Rohnert Park 3.Santa Rosa 4.Sebastopol* 5.Windsor 6.Sonoma County 7.Sonoma County Water Agency 8.Sonoma Resource Conservation District 9.Gold Ridge Resource Conservation District 10.Mutual/PUC Represent SGMA-defined stakeholders: 1. Environmental representative 2. Environmental representative 3. Rural residential well owner 4. Rural residential well owner 5. Business community representative 6. Agricultural interest (surface water or GW user) 7. Agricultural interest (surface water or GW user) 8. Graton Rancheria Total of 10 Total of 8 Financial Commitments Year One -$460,000 total: •Sonoma RCD commitment –$20,000 •All other participating entities –$55,000 •Initial commitments due on July 31, 2017 Year Two -$530,000 total: •Sonoma RCD commitment –$20,000 •All other participating entities –$64,000 •Initial commitments due on July 31, 2018 Santa Rosa Plain Management & Staffing •No new staff during first year •Staff will serve as interim administrator until GSA Board determines management structure •Members will provide in-kind services for: o Technical services o Monitoring o Fiscal services o Outreach •Staff from all entities will serve as sounding board for contracts and other issues What’s Next Outreach on SMA Fall 2015 Basin boundary confirmation Dec 2015 Outreach on GSAs options Fall 2016 Finalize GSAs Structure April/May 2017 Public hearings June 1, 2017 Deadline: GSA Formation June 30, 2017 •April/May: Councils/Boards consider adoption of legal agreement •June 1: GSA Board holds public hearing •By June 30: State notified of formation Recommended Actions Adopt a Resolution Approving the Joint Exercise of Powers Agreement Creating the Santa Rosa Plain Groundwater Sustainability Agency Appoint a Director and Alternate Director to sit on the Board of Directors of the Santa Rosa Plain Groundwater Sustainability Agency DISCUSSION AND QUESTIONS Domestic Wells and SGMA Source: State Water Resources Control Board Referred to as “de minimis” users in SGMA Use 2 acre-feet of water per year or less for domestic purposes (equivalent to 1,785 gallons per day –or enough water for about six urban families) Domestic wells are subject to SGMA, depending on local needs GSAs will decide how domestic wells are incorporated GSAs can decide to exclude or include GSAs can decide on fees GSAs cannot require metering May be subject to reporting and fees to state if intervention occurs Domestic wells can also be regulated by authorities (counties and cities, etc.) outside the scope of SGMA 22 Santa Rosa Plain Boards & Council Hearing Dates GSA-ELIGIBLE ENTITY DATE FOR CONSIDERATION OF LEGAL AGREEMENT City of Cotati April 25 City of Rohnert Park April 25 City of Santa Rosa May 2 City of Sebastopol April 18 Town of Windsor April 19 County of Sonoma April 25 Sonoma County Water Agency April 25 Sonoma Resource Conservation District April 27 Gold Ridge Resource Conservation District April 20 Possible Areas of Coordination Between Basins •Grant writing and funding requests •Data framework/management system •Basin boundary adjustments •Any activities that impact the adjacent basin •Communication with state and federal agencies •Public outreach and stakeholder engagement •Monitoring protocols and coordination with adjacent basins •Staffing Start-Up Costs •Funding subcommittee formed representing all basins •3 start-up cost components: •GSP preparation •Administration & operations •Development of revenue mechanism •Estimates compare well with estimates from other areas •Focusing on coordination & utilization of existing staff to reduce costs •Start-up costs will be covered by commitments from GSA- participating entities Estimated Year One Start-Up Costs BASIN YEAR ONE COSTS Petaluma Valley $470,000 Santa Rosa Plain $460,000 Sonoma Valley $470,000 TOTAL $1,400,000 Item No. 9 will be submitted as a Supplemental Item ITEM NO. 9 CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: April 25, 2017 Department: Human Resources Submitted By: Victoria Perrault, Human Resources Director Prepared By: Victoria Perrault, Human Resources Director Agenda Title: Approving and Adopting an Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Unrepresented Management Unit for the Period of April 30, 2017 through June 30, 2021 Attached for your consideration and approval at the City Council Meeting of April 25, 2017 is: 1. Outline for the City’s Management Unit This Outline is effective April 30, 2017 and is for a four year duration. The Outline is presented for consideration of adoption on April 25, 2017. Dept. Head Approval Date: N/A City Manager Approval Date: 4/21/17 City Attorney Approval Date: 4/21/17 Attachments (listed in packet assembly order): 1) Resolution 2) Management Outline 3) City Council Resolution No. 79-22, adopted February 13, 1979 - Grievance Policy and Procedure 4) City Council Resolution No. 2001-270, adopted December 11, 2001 – Catastrophic Leave 5) City Council Resolution No. 2004-299, adopted November 9, 2004 - City's Personnel Rules & Regulations Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” RESOLUTION NO. 2017 - 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING AN OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY FOR THE MANAGEMENT UNIT FOR THE PERIOD OF APRIL 30, 2017 THROUGH JUNE 30, 2021 WHEREAS, staff has prepared a final Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Management Unit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve and adopt the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Management Unit, which is attached hereto as Exhibit “A” and incorporated by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY & REGULARLY ADOPTED this 25th day of April, 2017. CITY OF ROHNERT PARK ______________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk EXHIBIT A OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY FOR THE MANAGEMENT UNIT EFFECTIVE April 30, 2017 – JUNE 30, 2021 OUTLINE-Management • April 30, 2017 through June 30, 2021 Page I TABLE OF CONTENTS 1. WORK SCHEDULES ........................................................................................................................ 3 2. HOLIDAYS .......................................................................................................................................... 3 2.1. Holidays Observed ..................................................................................................................... 3 2.2. Proclaimed Holidays .................................................................................................................. 3 2.3. Day of Mourning .......................................................................................................................... 3 2.4. Floating Holiday .......................................................................................................................... 4 3. ANNUAL LEAVE PROGRAM ......................................................................................................... 4 4. MILITARY LEAVE ............................................................................................................................. 5 5. OTHER FRINGE BENEFITS ............................................................................................................ 5 5.1. Fringe Benefit Administration ................................................................................................. 5 5.2. Administrative Leave ................................................................................................................. 5 5.3. Catastrophic Leave .................................................................................................................... 6 5.4. Hearing Aid Benefit .................................................................................................................... 6 5.5. Family Medical Leave ................................................................................................................ 6 5.6. Light or Limited Duty ................................................................................................................. 6 5.7. Americans with Disabilities Act .............................................................................................. 6 5.8. Employee Death .......................................................................................................................... 6 5.9. Health Insurance ......................................................................................................................... 7 5.10. Adoption Benefit ......................................................................................................................... 9 5.11. Bereavement Leave .................................................................................................................... 9 5.12. Funeral Benefit ............................................................................................................................ 9 5.13. Long-Term Disability Insurance ............................................................................................ 10 5.14. Life Insurance ............................................................................................................................ 10 5.15. Deferred Income ........................................................................................................................ 10 5.16. Retired, Deceased and/or Permanently and Totally Disabled Employees.............. 10 5.17. Education and Training ........................................................................................................... 13 5.18. Longevity Pay ............................................................................................................................ 13 5.19. Retirement Programs ............................................................................................................... 14 5.20. 401(a) Retirement Plan ............................................................................................................ 16 5.21. Dependent Care Assistance Program ................................................................................. 16 5.22. Health Care Tax-Free Dollar Account Program ................................................................ 16 5.23. Counseling Services ................................................................................................................ 16 6. SALARY & MISCELLANEOUS PAYS ......................................................................................... 17 6.1. Salary Adjustment .................................................................................................................... 17 6.2 Automobile Allowance ............................................................................................................ 17 6.3 Paychecks .................................................................................................................................. 17 6.4 Pay Change Effective Dates ................................................................................................... 17 7. ALCOHOL AND DRUGS................................................................................................................ 18 7.1 Alcoholic Beverages or Other Drugs ................................................................................... 18 OUTLINE-Management • April 30, 2017 through June 30, 2021 Page II 7.2 Off Duty Hours ........................................................................................................................... 18 7.3 Prescription Drugs ................................................................................................................... 18 8. SMOKING ......................................................................................................................................... 18 9. RESIDENCY ..................................................................................................................................... 18 10. GRIEVANCE POLICY AND PROCEDURE ................................................................................. 18 11. USE OF CITY FACILITIES ............................................................................................................. 19 12. MANAGEMENT RIGHTS ............................................................................................................... 19 13. WORK CURTAILMENT (NO STRIKE CLAUSE) ....................................................................... 19 14. TERM OF OUTLINE ........................................................................................................................ 19 15. INVALIDATION ................................................................................................................................ 19 15.1 Suspension of Agreement ...................................................................................................... 20 15.2 Replacement .............................................................................................................................. 20 16. NON-DISCRIMINATION ................................................................................................................. 20 17. PERSONNEL FILES ....................................................................................................................... 20 18. EMPLOYEE PERFORMANCE EVALUATIONS ........................................................................ 20 INDEX .......................................................................................................................................................... 22 OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 3 This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Management Unit. The Management Unit currently consists of employees occupying the classifications of: City Clerk City Engineer Civilian Fire Marshall Deputy City Engineer Director of Public Works and Community Services Planning Manager 1. Work Schedules The appointing authority shall establish and modify work schedules for all employees. Employees in Management positions shall work any and all hours necessary in the performance of their assigned duties, without overtime and without regard to fixed work schedules. 2. Holidays 2.1. Holidays Observed The holidays observed by the City will be: “Independence Day,” July 4 The first Monday in September, "Labor Day" The second Monday in October, "Columbus Day" "Veteran's Day," November 11 The fourth Thursday in November, "Thanksgiving Day" Day after "Thanksgiving 12:00 Noon to 5:00 p.m. on Christmas Eve, December 24 “Christmas Day,” December 25 “New Year’s Day”, January 1 The third Monday in January, "Martin Luther King, Jr. Day" Friday proceeding "President's Day" The third Monday in February, "President's Day" The last Monday in May, "Memorial Day" 2.2. Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 2.3. Day of Mourning Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it applicable to City employees. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 4 2.4. Floating Holiday In addition to the recognized holidays identified in Section 2.1, each eligible employee shall be allocated one floating holiday (equivalent to 8 hours for a full- time employee) per fiscal year on July 1st. Each employee hired prior to July 1 of each year shall be entitled to the floating holiday. Employees hired between July 1 and December 31 will receive 8 hours of floating holiday time. Employees hired between January 1 and June 30 will receive 4 hours of floating holiday time in the fiscal year in which they were hired. The floating holiday must be taken prior to June 30th of each year. The floating holiday will not be carried over from year to year and there shall be no cash value for the floating holiday during employment or upon separation from the City. 3. Annual Leave Program 3.1. Effective July 1, 2011 employees shall accrue monthly the following Annual Leave: Length of Service Monthly Accrual Rate Annual Leave Allowance 0-2 Years 12.67 hours 152 hours 3-5 Years 14.00 hours 168 hours 6-10 Years 16.00 hours 192 hours 11-15 Years 18.00 hours 216 hours 16+ Years 19.33 hours 232 hours 3.2. Effective July 1, 2011, employees shall not accrue any form of sick leave or disability wage, non-industrial or industrial. However, employees who have accrued fully-paid hours under either the sick leave or disability wage program for non-industrial illness and injury shall retain the balance of such hours accumulated as of July 1, 2011. Half-pay hours accumulated as provided by the disability wage plan will be converted to fully-paid hours (balance divided by 2), and credited to the balance of each employee covered by the disability wage plan. Employees in the disability wage plan who have not received their 2011 anniversary allotment of 40 hours of full-pay disability wage at the time of conversion will receive this additional 40 hours upon conversion. Paid leave for approved absence due to injury or illness may be charged against this balance at the employee’s discretion. Upon retirement from the City of Rohnert Park, an employee may convert any remaining sick leave balance to service credits pursuant to CalPERS regulations and procedures. 3.3. Annual Leave hours may be used to provide paid time off for any approved absence, including but not limited to vacation and illness. When annual leave is used for sick leave purposes, the City may require the employee to submit substantiating evidence of illness If a demonstrable pattern of abuse or evidence of suspected fraud is identified. 3.4. An employee may accumulate Annual Leave credits up to a maximum of 550 hours of Annual Leave. Accrual shall cease until the Annual Leave balance falls below the cap. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 5 3.5. Accumulated Annual Leave shall be converted to cash upon separation from City service. 3.6. The City will provide a short-term disability insurance program which includes income replacement of 60% and benefits coordination to employees. 4. Military Leave The City grants military leave and any related benefits maintenance, job seniority and retention rights to all employees for service in a uniformed service in accordance with state and federal law. The employee must notify his/her supervisor of upcoming military duty as soon as he/she becomes aware of his/her obligation. 5. Other Fringe Benefits 5.1. Fringe Benefit Administration The City reserves the right to select the insurance carrier(s) or to self- administer any of the fringe benefit programs provided. All benefits provided under this section (Section 5) are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Outline as originally worded or as amended from time to time may depend on their tax treatment by the State or Federal government or the decisions of other government agencies or departments, such as, but not limited to, the California Public Employees' Retirement System (CaIPERS). The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Outline are limited to the direct cost of providing the salary and benefits as described in this Outline. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. A. The City will continue all employee benefits and pay the appropriate premiums, as specified by law or the City's Personnel Rules. B. Employee may continue benefits during an authorized leave without pay for the period of the authorized leave by making payment to the City for said benefits. C. If there is any inconsistency between this section and the Personnel Rules and Regulations, the Personnel Rules and Regulations shall govern. 5.2. Administrative Leave The employees in the unit shall receive one hundred (100) hours of Administrative Leave on July 1, 2017 and each July 1st. thereafter for the term of this outline. Up to twenty (25) hours of unused Administrative Leave OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 6 may be paid in cash or its equivalent value applied towards an approved benefit program. Requests for pay of this leave shall be submitted to the City Manager on or before June 1, 2018 and each June 1st thereafter for the term of this outline. Payment shall be made no more than 30 days subsequent to the approval of the request by the City Manager. Any unused Administrative Leave hours remaining as of June 30, 2018 and each June 30th thereafter for the term of this outline shall be forfeited. 5.3. Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001-270, adopted December 11, 2001. 5.4. Hearing Aid Benefit That the City shall reimburse employees up to eighty percent (80%) with a lifetime maximum of nine hundred dollars ($900) for hearing aid devices. 5.5. Family Medical Leave Employees may request a leave of absence under the California Family Rights Act (CFRA) and/or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the CFRA and/or the FMLA. 5.6. Light or Limited Duty Employees injured or ill from either on-the-job (industrial) or off-the-job (non-industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. They may be assigned duties that differ from the normal work duties of the employee. By virtue of this paragraph, City does not intend to create any permanent light, limited or modified positions. 5.7. Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA) and disability provisions of the California Fail employment and Housing Act (FEHA). 5.8. Employee Death Upon death of an employee, any unused annual leave shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused annual leave shall be paid to the primary beneficiary specified by the employee on the employee's enrollment/beneficiary card for City-provided life insurance. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 7 5.9. Health Insurance The City shall provide the insurance programs described in this Section. The City reserves the right to provide these insurance programs by self- insurance, through an insurance company or by any other method which provides the coverage outlined. Any premiums paid by the employee eligible for Section 125 will be deducted from the employee’s pay on a pre- tax basis. A. Health Insurance - The City shall offer employees and their eligible dependents, a health insurance program under the terms set forth below: 1) The City will contribute up to the following amounts per month toward the cost of employee medical insurance premiums for City’s offered health plans at the employee’s enrollment level: 2) The City shall provide a copy of the summary description of all health care programs offered by the City to each employee upon request. 3) Regular part-time employees may elect to participate in health insurance plans and the City will contribute a a pro- rata amount (based on the allocation of the position) towards the premium. The part-time employee will be responsible for the balance of the premium through payroll deductions. If the part-time employee does not select coverage, no cash payment will be made in lieu of the insurance. B. Alternate Benefit - Employees who opt out of medical coverage are eligible to receive an alternate benefit in the amount of $350 per month (provided as specified below) if they satisfy the following conditions: 1) The employee must provide proof of and attest to having minimum essential coverage as defined by the Internal Revenue Service (IRS) through another group health plan (or other plan deemed acceptable by the IRS) for the employee and for all individuals for whom the employee reasonably expects to claim a personal exemption Enrollment Level 7/1/2017- 6/30/18 2018-2019 2019-2020 2020-2021 Employee Only (Single) $500 $500 $515 $530 Employee + 1 (Two Party) $1,000 $1,000 $1,030.00 $1,060 Employee + 2 (Family) $1,400 $1,400 $1,450.00 $1,500 OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 8 deduction for the taxable plan year to which the opt out payment applies; 2) The employee must provide the City with proof of and attestation to coverage every plan year. Such proof and attestation must be provided at the time the employee first wishes to opt out of City-provided medical insurance, and during Open Enrollment each year thereafter, so long as the employee wishes to continue to opt out of City provided medical coverage. This alternate benefit shall be provided as a contribution to the employee’s deferred compensation account or for the purchase of supplemental life insurance and/or any other eligible benefit program approved and authorized by the City. The alternate benefit program meets all requirements for exclusion from “regular rate” calculations. C. Joint Commitment to Affordable Health Care –Ninety (90) days prior to open enrollment, parties will work together to review preliminary health care rates and discuss any potential changes to plan design to reduce costs. However, changes necessitated by REMIF’s transition from fully insured plans to self-insured plans are outside the scope of this outline. D. Dental Insurance - The City shall offer employees and their eligible dependents, dental insurance benefits under the terms as set forth below. The City shall provide a copy of the summary description of the dental program offered by the City to each employee upon request. 1) In general, the program includes basic dental insurance coverage of payment to Delta Dental PPO network dentists of the indicated percentage up to the maximum of $2,000 for each eligible person per year for the following benefits: 2) One hundred percent (100%) of the cost of diagnostic and preventative care. 3) Eighty-five percent (85%) of the cost of basic dental services. 4) Eighty-five percent (85%) of the cost of crowns and restorations. 5) Fifty percent (50%) of the cost of prosthodontics. 6) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 9 7) Fifty percent (50%) of the cost of orthodontics with a one thousand five hundred dollar ($1,500) lifetime maximum benefit per person 8) Services rendered by dentists outside of the Delta Dental PPO network (including Delta Dental Non-PPO Dentists) are covered at a reduced rate; are subject to the limitation of section (v) above and a one thousand five hundred dollar ($1,500) lifetime maximum orthodontic benefit per person. E. Vision Insurance -The City shall offer employees and their eligible dependents, a vision insurance program under the terms as set forth below: 1. The City shall pay the applicable monthly premiums and any increases during the term of this Agreement. Premiums will be set by the insurer, or if self-insured by the City, using fiscally prudent methods. The City shall provide a copy of the summary description of the vision insurance program offered by the City to each employee upon request. 2. In general, the program includes an eye examination once each twelve (12) months, lenses once each twelve (12) months, and frames once each twenty-four (24) months. An employee may purchase contact lenses in lieu of the benefits summarized above. For details, allowances and restrictions, refer to the Plan documents. 5.10. Adoption Benefit The City will provide a six hundred dollar ($600) per child cash benefit to employees adopting minor children to help offset the cost of adoptions. 5.11. Bereavement Leave A. A regular employee shall be paid up to three (3) days of bereavement leave when there is a death in their immediate family. B. Immediate family in this case means: spouse, domestic partner, father, father-in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, child (including step-children), step-parents, aunts, uncles, grandparents, grandparent-in-Iaw, grandchildren and relationships in loco- parentis, and close personal relationships, with the approval of the City Manager or his/her designee. 5.12. Funeral Benefit City will provide fifty percent (50%) co-payment, not to exceed two thousand dollars ($2,000), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 10 5.13. Long-Term Disability Insurance The City shall provide, at no premium cost to employees, long-term disability income protection insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 2/3%). In no event shall the employee receive more than full salary. The benefits provided under this section are subject to the characteristics of the individual program. The waiting period for the above long-term disability benefits plan shall be ninety (90) days. 5.14. Life Insurance A. The City will provide, at no premium cost to employees, one hundred thousand dollars ($100,000) life insurance coverage provided to employees and five thousand dollars ($5,000) for dependents, and which coverage includes accidental death and dismemberment benefits. B. The City will allow, subject to the insurance carrier's approval, any employee to purchase, at his or her own cost additional life insurance coverage under the City's group program. 5.15. Deferred Income The City will continue to make available to the employees a deferred income program, now being administered by Nationwide and International City Management Association (ICMA) or a similar program with another institution acceptable to City. 5.16. Retired, Deceased and/or Permanently and Totally Disabled Employees This Section 5.16 (including subsections) applies only to employees hired prior to July 1, 2007, and providing continuous City service since that time. The language in this section has been revised for the purposes of administrative clarification, and does not represent a change in benefits provided to current employees or retirees. 1. Definition of Terms (a) “Eligible Employee” means any regular full-time or regular part-time benefited employee hired by the City before July 1, 2007, and who actively participates in and contributes to the CalPERS Retirement System, and who will be entitled, when eligible, to receive a retirement allowance from CalPERS. (b) “Retired Employee” or “Retiree” is a regular full-time or regular part-time benefited City employee hired before July 1, 2007 who retires from the City and thereafter receives a retirement OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 11 allowance from CalPERS. Retirement includes service retirement or disability retirement from the City of Rohnert Park. (c) “Continuous City service” is defined as being continuous regular full-time or regular part-time benefited City employment for calculating length of continuous service and service credit. Part- time (non-benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. 2. Retirement Health Benefits For Employees Hired Prior to July 1 2007 (a) Retirement Medical Benefits Eligible Employees had the option to opt out of the retirement medical benefit provided previously, and all employees hired before July 1, 2007 who are currently in the unit elected to opt out, and are therefore covered by the provisions below. Eligible Employees hired before July 1, 2007 received the following Retirement Medical Benefit, which is fully vested. Eligible Employees who elected this opt-out option shall not be subject to any retiree medical cost-sharing requirements (i.e., normal cost) during the term of their employment. (i) The City established a Retiree Health Savings Account (RHSA) in the eligible employee’s name for the Eligible Employee. The City contributed $2,000.00 per year of Continuous City Service into the RHSA. For purposes of the service credit calculation, eligible employees received service credit on a pro rata basis by month and days of service as of January 1, 2015. (ii) Upon retirement from the City, the City will provide the Retired Employee with $500 per month for the cost of retirement healthcare premiums and qualified health care expenses until the Retired Employee reaches the age of Medicare eligibility. These funds shall be provided to each member on a pre-tax basis (to the extent permitted by law), through a Retiree Health Care Reimbursement Account (RHRA). In the event of the Retired Employee’s death, the benefits provided by the City to the Retired Employee under OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 12 this section will not continue for the survivors or dependent children of the Retired Employee. (iii) Retired Employees may participate at their own expense in the City’s group health insurance, subject to applicable group health insurance plan requirements. (b) Dental and Vision Benefits For Eligible Employees Upon retirement, City will provide/offer and pay on behalf of Retired Employees, the premium benefit(s) as provided for active employees at the time of retirement for dental care and vision care benefits for Retired Employees and one eligible dependent until the Retired Employee reaches the age of Medicare eligibility or elects to leave the City dental and vision system. Calculation of premium benefit will be prorated for regular, part-time employees. (i) (ii) In the event of the retired employee’s death, the benefits provided by the City to the Retired Employee under this section will not continue for the survivors or dependent children of the Retired Employee. (ii) Any Retired Employee who, after retirement from the City, becomes employed elsewhere and is covered by dental or vision care benefits by his/her new employer, said coverage provided by the City to the retired employee will be considered secondary to the coverage provided by his/her new employer, his/her new employer’s coverage shall be considered primary. Retired employees are required to notify the City’s Human Resources Department of any additional insurance coverage from new employers. 3. Retiree Health Benefits For Employees Hired On or After July 1, 2007 Beginning July 1, 2014, on a going forward basis, regular full-time or part-time benefited City employees hired on or after July 1, 2007 shall be eligible for the benefits described below in lieu of the benefits described in Sections 5.16(2)(a-b) above: (a) Effective July 1, 2014, the City will increase the contribution from $75.00 per month to $100.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). The monthly contribution will end upon the employee’s date of retirement or separation from the City. (b) The City’s contribution to an employee’s RHSA shall be considered vested as to an employee terminating City OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 13 employment with five (5) or more consecutive years of City service. (c) Calculation of the monthly contribution will be prorated for regular part-time employees. No employee contribution is required. (d) Subject to the eligibility criteria of REMIF and/or insurance plans, employees hired after June 30, 2007 may participate as retirees at their own expense in the City's group health insurance. 5.17. Education and Training The City will provide an education and training assistance program to provide reimbursement to employees for tuition, parking and book costs only for attending and completing, with a satisfactory grade (C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma State University or any other educational institution acceptable to the City. All courses or classes for which reimbursement will be requested must be previously approved by the Department Head and the Human Resources Director prior to the start of said classes and approval requested on the appropriate City form. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. 5.18. Longevity Pay A. The City shall provide longevity pay to employees based on continuous years of service, as defined immediately below: Completed Years of Service Pay Percentage Increases 5 years 2% For each year completed thereafter ½% B. The maximum longevity pay percentage to be paid shall be ten percent (10%) of base pay. The “completed years of service” will be determined on January 1st and July 1st only and not on an employee’s employment anniversary date. C. Longevity Pay Program as outlined in Section 5.20 shall not apply to personnel hired after October 10, 1995. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 14 5.19. Retirement Programs A. Effective July 1, 2007, the City will provide the California Public Employees’ Retirement System (CalPERS) two and seven tenths percent (2.7%) at fifty-five (55) retirement program to miscellaneous member employees. Effective July 1, 2011 the City will provide the California Public Employees’ Retirement System (CalPERS) two percent (2.0%) at fifty-five (55) program to miscellaneous member employees hired on or after July 1, 2011. Effective August 1, 2011, all employees, regardless of program, will pay the required member contribution. 1) The City will continue to provide the "one-year highest compensation" optional provision in its contract with CaIPERS. 2) The City will absorb any employer contribution rate increases for miscellaneous members required by CaIPERS. 3) The City will modify the CalPERS Annual Cost-of- Living Allowance Increase (Section 21335) to provide for a 2.0% annual maximum cost-of-living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible for the 5.0% annual maximum cost- of-living allowance increase as defined in Section 21335. B. New Employees Hired On or After January 1, 2013 Who Are New Members of the CalPERS System. 1) Effective January 1, 2013, the City will provide the CalPERS two percent (2.0%) at sixty-two (62), highest three year average program to new miscellaneous employees (who meet the definition of a new member under PEPRA) hired on or after January 1, 2013. 2) Effective January 1, 2013, such new miscellaneous member employees hired on or after January 1, 2013, shall contribute at least fifty percent (50%) of the normal cost rate to CalPERS. 3) Pensionable compensation does not include monies paid to new miscellaneous members for bonuses, uniform allowance, overtime allowance or reimbursement for housing and vehicles, or any ad hoc or one-time payments pursuant to Government Code Section 7522.34(c). OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 15 C. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies either presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. D. The required employee cost sharing of employer costs described in this Section 5.19 D (including all subsections), shall be implemented pursuant to Government Code Section 20516 (f). The parties mutually recognize and acknowledge that these cost- sharing provisions satisfy the maximum cost-sharing terms set forth in Government Code section 20516.5, and that the cost sharing provisions will continue beyond the expiration of this Agreement. 1) Required Employee Cost Sharing of Employer Costs April 30, 2017 Through June 30, 2018 Effective April 30, 2017 and through June 30, 2018, employees participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall pay, through payroll deduction, the required member contribution amounts (8% for 2.7% at 55 plan, and 7% for the 2.0% at 55 plan), and an additional one- half percent (0.5%) of PERSable compensation for a total contribution toward the cost of pension benefits of eight and one-half percent (8.5%) for the 2.7% at 55 plan, and seven and one-half percent (7.5%) for the 2.0% at 55 plan. 2) Required Employee Cost Sharing of Employer Costs July 1, 2018 Through June 30, 2019 Effective July 1, 2018 and through June 30, 2019, employees participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall pay, through payroll deduction, the amounts described in subsection 5.19 D1) above, and an additional one- half percent (0.5%) of PERSable compensation for a total contribution toward the cost of pension benefits of nine percent (9%) for the 2.7% at 55 plan, and eight percent (8%) for the 2.0% at 55 plan. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 16 3) Required Employee Cost Sharing of Employer Costs Beginning July 1, 2019, and Continuing Thereafter Effective July 1, 2019, and continuing thereafter, employees participating in the 2.7% at 55 or 2.0% at 55 retirement plan formulas shall pay, through payroll deduction, the amounts described in subsection 5.19 D2) above, and an additional one- half percent (0.5%) of PERSable compensation for a total contribution toward the cost of pension benefits of nine and one-half percent (9.5%) for the 2.7% at 55 plan, and eight and one-half percent (8.5%) for the 2.0% at 55 plan. This required cost sharing requiring miscellaneous employees to pay a total of 9.5% and 8.5% respectively of PERSable compensation toward the cost of pension benefits shall continue and constitute the status quo ante for all purposes and state statutes after the expiration of this MOU on June 30, 2021. 5.20. 401(a) Retirement Plan If eligible under guidelines, members of the management unit may participate in the City’s 401(a) retirement plan. 5.21. Dependent Care Assistance Program City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars for childcare as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 5.22. Health Care Tax-Free Dollar Account Program City will continue to provide the Health Care Tax-Free Dollar Account Program as authorized by the Internal Revenue Service for the set-aside of employee pre-tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 5.23. Counseling Services Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of one thousand dollars ($1,000) per household per calendar year, for professional counseling service charges which are not paid for by City-provided or other insurance which the employee may have. Services not covered by City-provided health insurance programs with a OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 17 maximum calendar year benefit of one thousand dollars ($1,000) per calendar year per household. 6. Salary & Miscellaneous Pays 6.1. Salary Adjustment (a) Effective the pay period beginning April 30, 2017 employees shall receive a six percent (6%) increase to base salary. (b) Effective the first day of the pay period that includes July 1, 2018, employees shall receive a three percent (3%) increase to base salary. (c) Effective the first day of the pay period that includes July 1, 2019, employees shall receive a three percent (3%) increase to base salary. (d) Effective the first day of the pay period that includes July 1, 2020, employees shall receive a three percent (3%) increase to base salary. 6.2 Automobile Allowance Effective December 1, 2007, miscellaneous members of the management unit shall receive an automobile allowance in the amount of $322.30. On July 1 of each year, the automobile allowance shall be adjusted by an amount to be determined by the Bay Area All Urban Workers Consumer Price Index (CPI). The amount of the adjustment will be based upon the change in the CPI from April of the year prior to April of the current year. Effective July 1, 2016, the automobile allowance amount shall be $393.04 per month. 6.3 Paychecks When the City acquires the technology to do so, the City may distribute paychecks/Automatic Deposit Notices to employees electronically on payday. Employees requesting a physical paycheck may pick it up on break or lunchtime at the City Hall front counter on payday. 6.4 Pay Change Effective Dates Any and all pay changes provided to employees, including but not limited to step increases, special pay provisions, promotions, classification changes, or similar pay increases shall become effective as follows: if the effective date of the change is in the first week of the pay period the increase will be effective on the first day of the pay period that includes the effective date of the change. If the effective date is in the second week of the pay period the change will be effective the first day of the subsequent pay period. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 18 7. Alcohol and Drugs The City agrees to continue to work together to assist any employees who have an alcohol, alcohol related, drug or substance abuse problem. It is mutually acknowledged that continued cooperative efforts would give employees a much better opportunity to recover from this very serious health problem. Since certain City employees are required to drive City vehicles, to think clearly and act responsibly as well as use various types of equipment, and it is known that drinking alcoholic beverages or taking certain drugs may slow a person’s reflexes and ability to think clearly. The probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as co-workers and the public at risk of injury. 7.1 Alcoholic Beverages or Other Drugs Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely, shall not be used by employees during their assigned regular workday, nor while on assigned standby duty. 7.2 Off Duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty hours, the employee must decline the request to work. 7.3 Prescription Drugs Employees using prescription drugs that affect the employee's ability to work safely must inform their supervisor and may be assigned to other appropriate duties or required to take leave. 8. Smoking The City maintains as a clearly expressed condition of employment that employees refrain from smoking. 9. Residency This program is eliminated effective July 1, 2011. Employees receiving residency stipends of $60/mo. as of this date may retain them unless they fail to meet to condition of residing within the City. Should such an employee lose eligibility, no re-entry to the program is permitted. 10. Grievance Policy and Procedure City will comply with the grievance procedure as outlined in Resolution No. 79-22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 19 any time line or specifically comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance. 11. Use of City Facilities Employees and their spouse or domestic partner, and eligible dependents (as defined by City eligible dependent policy), will be allowed to participate with no fee imposed in open gym time, and to use the weight room and locker room facility at the Sports Center when such facilities are open, and to participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center or pools by employees, spouse or domestic partner, and/or dependents of employees adversely impacts the public's access to these facilities, the City may revoke this access and require payment of a fee. 12. Management Rights Except as limited in this Outline and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and for set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Outline; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable laws; to layoff its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 13. Work Curtailment (No Strike Clause) Under no circumstances shall any employee individually or collectively cause, sanction, honor or engage in any strike, sit-down, stay-in, sick-out, slow-down, speed-up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Outline. 14. Term of Outline This Outline shall become effective on April 30, 2017 through June 30, 2021. 15. Invalidation OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 20 15.1 Suspension of Agreement If during the term of this Outline, any item or portion thereof of this Outline is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Outline shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion that shall continue in full force and effect. 15.2 Replacement In the event of suspension or invalidation of any article or section of this Outline, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 16. Non-Discrimination City acknowledges that in receiving the benefits afforded by this Outline, no person shall in any way be favored or discriminated against to the extent prohibited by law. 17. Personnel Files Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on him or her by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of their personnel file. 18. Employee Performance Evaluations Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty days after the evaluation interview. OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 21 Incorporated by Reference. The following are incorporated in this agreement by reference: City Council Resolution No. 79-22, adopted February 13, 1979 - Grievance Policy and Procedure City Council Resolution No. 2001-270, adopted December 11, 2001 – Catastrophic Leave City's Personnel Rules & Regulations OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 22 INDEX A Adoption Benefit ∙ 9 Alcoholic Beverages or Other Drugs ∙ 19 Alternate Benefit ∙ 8 Americans with Disabilities Act ∙ 7 Annual Leave Program ∙ 4 Automobile Allowance ∙ 19 B Bereavement Leave ∙ 9 C Catastrohic Leave ∙ 6 Counseling services ∙ 18 D Deferred Income Program ∙ 10 Dental insurance ∙ 8 Dependent Care Assistance Program ∙ 18 Disability Wage Program ∙ See Annual Leave Program E Education ∙ 16 Employee Death ∙ 7 Employee Performance Evaluations ∙ 22 F Family and Medical Leave ∙ 6 Funeral Benefit ∙ 9 G Grievance Policy and Procedure ∙ 20 H Health Care Tax-Free Dollar Account Program ∙ 18 Health insurance ∙ 7 Hearing Aid Benefit ∙ 6 Holidays Holidays Observed ∙ 3 L Life Insurance ∙ 10 Light Duty ∙ 6 Limited Duty ∙ 6 Longevity ∙ 16 Long-Term Disability Insurance ∙ 9 M Management Rights ∙ 20 Medical insurance ∙ 7 Military leave ∙ 5 Modified duty ∙ See light or limited duty N Non-Discrimination ∙ 22 O Off Duty Hours Alcohol and Drugs ∙ 20 OUTLINE-Management • April 30, 2017 through June 30, 2021 Page 23 P Paychecks ∙ 19 Personnel Files ∙ 22 Prescription Drugs ∙ 20 R Residency ∙ 20 Retiree Health Savings Account ∙ 13 Retiree medical benefit ∙ 14 Retirement Benefits ∙ 17 Retirement plan 401(a) ∙ 18 S Short-term disability insurance program ∙ See Annual Leave Program Sick Leave ∙ See Annual Leave Program Smoking ∙ 20 Suspension of Agreement ∙ 21 T Term of Outline ∙ 21 Training ∙ 16 U Use of City Facilities ∙ 20 V Vacation.Leave ∙ See Annual Leave Program Vision insurance ∙ 9